Port of Everett 1/3/2022 - Laserfiche WebLink

Substances are set forth in the Environmental Indemnification Agreement. The term"Hazardous Substances"in this Agreement is as defined in the Environmental Indemnification Agreement. 8. If the City should choose to abandon or cease to use the Easement or Easement Area for the uses permitted hereby,then the City shall give written notice to Grantor. Grantor then may, at its option,terminate this Agreement and the rights of the parties hereunder by serving sixty(60) days' notice in writing on the City, in which case the Easement Improvements become the property of Grantor,with Grantor accepting such improvements"AS-IS."Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate the Easement,nor shall any waiver in any way affect Grantor's ability to enforce this Agreement. 9. The rights and obligations of Grantor and City shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 10. In the event that a dispute under this Agreement arises between the parties,both parties agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the request of one party,both parties shall meet,within three(3)days to discuss the substance of the issue(s)in dispute. In the event that the parties are unsuccessful in resolving the dispute(s)at the initial meeting,within three(3)days thereafter,Grantor's designee, and the City's Director of Public Works, or his designee, shall meet together to discuss the substance of the issue(s) in dispute. If the parties are unsuccessful in resolving the disputed issue(s)as this subsequent meeting, the parties agree to engage the services of a mediator who is mutually acceptable and participate in mediation within twenty(20)days of the subsequent meeting or as soon thereafter as the mediator may be available or at such later date as the parties may agree. In the event that mediation fails to resolve the issue(s) in dispute, each party shall be free to seek such other -7- 112280032.4 0073013-00041