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ENVIRONMENTAL INDEMNITY AGREEMENT
<br /> (MONITORING WELLS)
<br /> THIS ENVIRONMENTAL INDEMNITY AGREEMENT(this
<br /> "Agreement")is made and entered into as of this day of ,2020,by
<br /> and between THE BOEING COMPANY, a Delaware corporation("Boeing") and
<br /> the CITY OF EVERETT, a Washington municipal corporation(the"City").
<br /> RECITALS
<br /> A. The City is the owner of certain real property legally described in
<br /> the attached Exhibit A (the "Property").
<br /> B. As of the date of this Agreement, Boeing has installed numerous
<br /> groundwater monitoring wells on the Property.
<br /> AGREEMENT
<br /> For good and valuable consideration,the receipt and sufficiency of which are
<br /> hereby acknowledged,Boeing and the City agree as follows:
<br /> A. Definitions.
<br /> 1. "Claim"refers to any and all actions, governmental or regulatory
<br /> proceedings, liabilities, losses, demands, claims, suits,judgments, liens, awards,
<br /> and damages of any kind or character whatsoever, including remedial action
<br /> costs, claims for injury to or death of any person, loss of or damage to any
<br /> property, and costs, expenses and reasonable attorneys' fees.
<br /> 2. "Environmental Law"refers to any federal, state, or local law,
<br /> statute, ordinance, code, rule, regulation, authorization, decision, order, injunction
<br /> or decree, the common law, and any judicial interpretation of any of the
<br /> foregoing, which pertains to health, safety of employees or third parties, any
<br /> Hazardous Material, or the protection of human health, the environment and any
<br /> natural resource, and shall include without limitation, the Solid Waste Disposal
<br /> Act, 42 U.S.C. Section 6901 et seq.; the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as
<br /> amended by Superfund Amendments and Reauthorization Act of 1986; the
<br /> Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the
<br /> Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; the Clean
<br /> Air Act, 42 U.S.C. Section 7401 et seq.; Resource Conservation and Recovery
<br /> Act, 42 U.S.C. §6901 et seq.; the Toxic Substances Control Act, 15 U.S.C.
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