Port of Everett 1/3/2022 - Laserfiche WebLink

8. Definitions. (a) As used in this Agreement, the term "Hazardous Substance" shall mean (i) any substance subject to regulation under the Washington Hazardous Waste Management Act(chapter 70A.300 RCW) as amended from time to time and regulations promulgated thereunder; (ii) any "hazardous substance" under the Washington Model Toxics Control Act (70A.305 RCW) as amended from time to time and regulations promulgated thereunder; (iii) any "hazardous substance" or "hazardous waste" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC §§ 9602 et seq.)as amended from time to time and regulations promulgated thereunder; (iv) any asbestos; (v)polychlorinated biphenyls; (vi) any solid waste or solid waste decomposition products (not part of or resulting from the intermodal transfer facility operations);(vii) any substance the presence of which is prohibited by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions; and (viii)other substances deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions require special handling or notification in its collection, storage, treatment or disposal. (b) For purposes of this Agreement,the term"Remedial Action" shall have the same meaning as found in RCW 70A.305.020(33). 9. Cooperation With Remedial Actions (a) The Port shall cooperate and provide access to the Property to the City, its employees, invitees, agents, contractors and consultants for conducting any Remedial Actions required by Ecology for Newly Discovered Contamination. Such access, if during the term of the Temporary Construction License, shall be governed by the Temporary Construction License executed between the Port and City on or about the date hereof unless there is conflict between the Temporary Construction License and this Agreement, in which case this Agreement shall prevail. (b) In accessing the Property and conducting Remedial Actions required by Ecology for Newly Discovered Contamination, the City shall coordinate and cooperate with the Port and the Port's contractors and consultants and shall make reasonable efforts to ensure that performance of its activities on the Property do not unreasonably interfere with the performance of the Port's activities on the Property. The City shall provide the Port at least five (5) days' notice before entering the Property, unless the City and the Port mutually agree to waive this prior notice requirement. The City's rights to access the Property shall terminate upon the completion of all such Remedial Actions or upon completion of the Project,whichever is later. Upon completion of all such Remedial Actions, the City shall cause its consultants, contractors, and subcontractors to remove all of their equipment from the Property and take such other reasonable and necessary actions to restore the Property to its prior condition. - 5 - 112375963.8 0073013-00041