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DocuSign Envelope ID:62EC1800-F2AD-4A11-B387-0BFB96CB3192 <br /> AMENDMENT No.2 TO ACCESS AGREEMENT <br /> This Amendment No. 2 to Access Agreement(this "Amendment") is entered into as of q ' <br /> <5Opf_Pn'1he(—, 2021 between the City of Everett, Washington and The Boeing Company <br /> and amends the Access Agreement dated June 27, 2011, as amended April 12, 2016 (as <br /> amended,the "Agreement")between the same parties. <br /> In consideration of the mutual promises of the parties set forth in this Amendment, and <br /> for other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged,the parties hereby agree as follows: <br /> 1. Definitions. Unless otherwise defined in this Amendment, all terms used in this <br /> Amendment that are defined in the Agreement are used here as they are there defined. <br /> 2. Amendments.: <br /> 2.1 Section 2 of the original Agreement is deleted in its entirety and replaced <br /> with the following: <br /> Term. The City and Boeing agree that the term of this Agreement shall be <br /> extended until the Work is complete as determined by the Washington State <br /> Department of Ecology and shall not expire until completion of the restoration <br /> work described in Section 2.2 below. However, either Party may terminate this <br /> Agreement without cause upon sixty(60) days written notice to the other <br /> specifying the effective date of such termination. <br /> 2.2 Section 3 of the original Agreement is deleted in its entirety and replaced <br /> with the following: <br /> Restoration.Upon completion of the Work or termination of this Agreement, <br /> Boeing and its agents shall be responsible for full restoration of any areas of the <br /> Property impacted by the Work, all to the reasonable satisfaction of City and as <br /> soon as is reasonably possible after completion of the Work or Agreement <br /> termination. Final restoration, including the removal of any monitoring devices, <br /> subgrade structures, utilities, access avenues, or site controls such as gates or <br /> fences, shall be at the end of the Agreement term. <br /> 2.3 Section 6 of the original Agreement is deleted in its entirety and replaced <br /> with the following: <br /> -- 1 -- <br />