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Area,with the costs of such removal and abandonment and restoration thereafter allocated in <br /> accordance with the LEIA,except that costs of such removal and abandonment and <br /> restoration for the LFG System within the Perimeter Landfill Pad Easement Area shall be as <br /> provided in subsection D.2, above. The Parties agree that abandonment will be greatly <br /> preferred over removal, and removal will not occur unless a Party has substantial and <br /> commercially reasonable grounds for removal that fully take into account the cost and <br /> inconvenience of removal. If removal does occur, such removal will be limited to the <br /> minimum removal necessary. <br /> J. Right of Connection. As stated in the recitals above,the RCI entities will be constructing in <br /> phases additional portions of the LFG System on the Landfill Pad. The City acknowledges <br /> and agrees that the RCI Entities have the right to connect such additional portions to the City- <br /> owned LFG System within the Landfill Pad Easement Area. <br /> 3 Amendments of Original Agreement. <br /> A. Section 1. Section 1 of the Original Agreement is deleted. All references to"Existing Landfill <br /> Gas System"in Sections 5-24 of the Original Agreement are deleted. <br /> B. Section 14. The second sentence of Section 14 is replaced with "The commercial general <br /> liability policy shall name the RCI Entities and the City as additional insureds." <br /> C. Section 16. The addresses in Section 16 are replaced with: <br /> If to RCI Entities: Riverfront Commercial <br /> 11624 SE 5th Street, Suite 210 <br /> Bellevue,WA 98005 <br /> Attn: Eric Evans <br /> If to City: Maintenance Superintendent <br /> City of Everett Public Works <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> With a copy to: <br /> City Attorney <br /> City of Everett <br /> 2930 Wetmore Ave, Suite 10-C <br /> Everett,WA 98201 <br /> D. Exhibit D. Exhibit D of the Original Agreement is deleted in its entirety and replaced with <br /> Exhibit D of this Amendment. <br /> E. Exhibit E. Exhibit E of the Original Agreement is deleted in its entirety and replaced with <br /> Exhibit E of this Amendment. <br /> F. New Exhibit H. Exhibit H of this Amendment is incorporated into the Original Agreement. <br /> 4. Effective Date. This Amendment shall be effective upon recording. <br /> Page 8 of 16 <br />