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unrecorded Hazardous Substance Indemnification Agreement entered into by and between the Port <br />of Everett and the City on July 10, 2014. As used hereunder, the term "Hazardous Substance" <br />shall mean (i) any substance subject to regulation under the Washington Hazardous Waste <br />Management Act (chapter 70.105 RCW) as amended from time to time and regulations <br />promulgated thereunder; (ii) any "hazardous substance" under the Washington Model Tomes <br />Control Act (chapter 70.105D RCW) as amended from time to time and regulations promulgated <br />thereunder; (iii) any "hazardous substance" or "hazardous waste" as defined by the <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC <br />§ § 9602 et seq.) as amended from time to time and regulations promulgated thereunder; (iv) any <br />asbestos; (v) polychlorinated biphenyls; (vi) underground storage tanks, whether empty, filled or <br />partially filled with any substance; (vii) any solid waste or solid waste decomposition products <br />(not part of or resulting from the intermodal transfer facility operations); (viii) any substance the <br />presence of which is prohibited by any federal, state, county, municipal or other local <br />governmental statutes, regulations, ordinances or resolutions; and (ix) other substances deemed <br />hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or <br />other local governmental statutes, regulations, ordinances or resolutions require special handling <br />or notification in its collection, storage, treatment or disposal. <br />7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br />of the land aforesaid; has a good and lawful right and power to grant the Easement; that same is <br />free and clear of monetary encumbrances, and that Grantor will forever warrant and defend the <br />title to said Easement and the quiet possession thereof against the lawful claims and demands of <br />all other persons whomsoever. <br />8. The rights and obligations of the Grantor and City shall inure to the benefit of and <br />be binding upon their respective heirs, successors and assigns. <br />5 <br />