Shelter Holdings 6/22/2022 Amendment 2

1. Refuse and Waste. The City and the City Representatives during Easement Activities and shall not make, or suffer to be made,any filling in of the Landfill Pad or any deposit of refuse, garbage,hydrocarbons,pollutants,hazardous,toxic or harmful substances, or other waste matter(including chemical,biological, or toxic wastes) within or upon Landfill Pad, except as approved in writing by the RCI Entities.At all times during the term of the Landfill Pad LFG Easement,the City and the City Representatives shall not during Easement Activities commit or suffer waste to be committed to the Landfill Pad. 2. City to Take Corrective Action.If the City fails to remove all non-approved fill material,refuse, garbage, or other wastes from the Landfill Pad and restore the Landfill Pad to its condition immediately prior to the deposit of the unauthorized material with sixty(60)days following written notice from the RCI Entities, or if such removal and restoration cannot reasonably be accomplished within sixty(60) days, if the City fails to commence such removal or restoration within sixty(60)days or having commenced such removal or restoration, fails to diligently and continually prosecute such removal or restoration to completion,the City agrees that the RCI Entities may remove such materials and charge the City for the cost of removal and disposal. 3. Not Include Existing Contamination. For purposes of this Subsection G,reference to waste shall not include Existing Contamination, as that term is defined in the Environmental Agreement,that is located on the Landfill Pad in accordance with the CAP/CD. If Existing Contamination is removed or disturbed on the Landfill Pad as a result of the City or the City Representatives'Easement Activities,the City shall, at its sole cost and expense,place the Existing Contamination on-site if agreed in writing by the RCI Entities and, if necessary,by Ecology or, if agreement is not reached, dispose of the Existing Contamination off of Landfill Pad in accordance with all applicable laws,regulations, ordinances and other legal requirements, including the CAP/CD. H. Liens and Encumbrances. If any Easement Activities or Termination Activities performed by the City or the City Representatives under this Agreement on the Landfill Pad results in a lien or other encumbrance being filed on Landfill Pad and the City does not cause such lien or encumbrance to be removed with five(5)business days,then the RCI Entities shall have the right to remove such liens by posting appropriate bonds and the City shall reimburse the RCI Entities for all costs reasonably incurred in removing such liens plus an administrative overhead amount of 15%of the premium cost of any such bonds obtained by the RCI Entities. I. Termination of Landfill Pad LFG Easement. The Landfill Pad LFG Easement shall terminate when all of the following have occurred(1)upon receipt by the City or the RCI Parties of written notice from Ecology or the Snohomish County Superior Court retaining Jurisdiction under the Consent Decree that the LFG System contained in the Landfill Pad is no longer necessary and may be removed or abandoned, (2)the period of time to challenge such decision and all appeal periods have passed,and(3)the Parties have consistent with such notice properly removed or abandoned the portions of the LFG System in the Landfill Pad. A Party receiving written notice from Ecology or the Court shall provide a copy thereof within five(5)business days of receipt. Upon receipt of said notice,the Parties shall promptly and in compliance with all laws and regulations, and with the approval of all applicable environmental agencies,remove or abandon the LFG System in the Landfill Pad Easement Page 7 of 16