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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />Certifications by Ecology. The City of Everett Property may be redeveloped in phases. <br />The City of Everett may from time to time provide notice and demonstrate to Ecology that it <br />has attained cleanup levels for certain media in certain parts of the Property. In order to <br />facilitate the timely redevelopment of the Property, Ecology shall, within a reasonable time of <br />receiving such notice and adequate documentation (including, but not li>nited to, design reports <br />and monitoring results), certify in writing that cleanup levels have been met in portions of the <br />Property specifically requested. In addition to these certifications, Ecology shall within a <br />reasonable time of receiving notice from the City of Everett that it has satisfactorily completed <br />work, certify in writing that the City of Everett has completed all cleanup activities that are <br />required pursuant to the CAP, with the exception of any required institutional controls and <br />monitoring as described in the CAP. <br />XXVI. CLAIMS AGAINST THE STATE <br />The City of Everett and its Successors in Interest and Assigns, hereby agrees that it NNIH <br />not seek to recover any costs accrued in implementing the remedial action required by this <br />Decree from the State of Washington or any of its agencies, and further, that the City of <br />Everett or its Successors in Interest and Assigns will ),Hake no claim against the State Toxics <br />Control Account or any Local Toxics Control Account for any costs incurred in implementing <br />this Decree. Except as provided above, however, the City of Everett or its Successors in <br />Interest and Assigns expressly reserves its right to seek to recover any costs incurred in <br />implementing this Decree from any other potentially liable person. Nothing is this paragraph <br />shall preclude the City of Everett from applying for State Toxics Control Account or any Local <br />Toxics Control Account funding in the future. <br />CONSENT DECREE <br />22 ATTORNEY GENERAL OF WASHINGTON <br />Ecology Division <br />PO Box 40117 <br />Olympia, WA 98504-0117 <br />FAX (360) 586-6760 <br />