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<br />owner/operator or transporter, arising out of actual, alleged, threatened or potential pollution,
<br />contamination or any other injurious environmental condition or the actual, alleged or threatened
<br />release, discharge, dispersal, escape of, or exposure to, any injurious, toxic or noxious substance,
<br />including without limitation any hazardous substance as defined in 42 U.S.C. § 9601, smoke,
<br />vapors, soot, fumes, acids, alkalis, toxic chemicals, petroleum substances and derivatives, liquids
<br />or gases, waste materials or other irritants, contaminants, or pollutants of whatsoever nature, and
<br />shall include, without limitation, any such claims involving actual, alleged, threatened or potential
<br />bodily injury, property damage or personal injury (including alleged damage or injury to natural
<br />resources) as those terms are used or defined in the Safety Policies and claims for cleanup or
<br />remediation costs, including costs incurred and sums expended for investigation, removal,
<br />distribution, treatment or containment. This definition includes claims for damages to natural
<br />resources or animal or plant habitat damage of any kind and any claim for related penalties under
<br />a statutory scheme. This definition includes claims arising out of any materials sold or delivered
<br />by City to a third party. This definition is limited to those Claims involving and/or arising out of
<br />the Site, including without limitation any Claims involving the offsite migration, transportation,
<br />or disposal of materials described in this Section 1.5 that originated at or from the Site.
<br />1.6 The “Site” means the real property and buildings located at 4000 Railway Ave.,
<br />Everett, WA 98021, Washington State Department of Ecology VCP No. NW1731, Facility Site
<br />No. 33866455.
<br />1.7 “City” shall mean the City of Everett, Washington, including without limitation,
<br />its current and former divisions, affiliates, successors, assigns, council members, directors,
<br />officers, agents, employees and any other entity that was in the past or is now affiliated with,
<br />related to or associated with City, including any and all entities named as insureds or otherwise
<br />entitled to insurance under the Safety Policies.
<br />II.RECITALS
<br />2.1 WHEREAS, the City of Everett is the owner of property located at 4000 Railway
<br />Ave., Everett, WA 98021, consisting of the tax parcel identified as Parcel 29052100300800, that
<br />is also defined above and referred to herein as the “Site,” among other parcels located in the general
<br />vicinity of the Snohomish River-vicinity “Riverside” property or properties the City acquired in
<br />approximately December 2005 from Kimberly-Clark Corporation and/or Kimberly-Clark
<br />Worldwide, Inc. The Site has allegedly been contaminated with various hazardous substances that
<br />are recognized to come within the substantive requirements of the Model Toxics Control Act,
<br />RCW 70.105D.080 et seq.
<br />2.2 WHEREAS, as a result of alleged Environmental Claims at and around the Site,
<br />the City of Everett allegedly has incurred and allegedly may continue to incur environmental
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