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regulation under the Washington Hazardous Waste Management Act (chapter 70.105 RCW) as <br /> amended from time to time and regulations promulgated thereunder; (ii) any "hazardous <br /> substance" under the Washington Model Toxics Control Act (chapter 70.105D RCW) as <br /> amended from time to time and regulations promulgated thereunder; (iii) any "hazardous <br /> substance" or "hazardous waste" as defined by the Comprehensive Environmental Response, <br /> Compensation and Liability Act of 1980 (42 USC § 9602 et seq.) as amended from time to time <br /> and regulations promulgated thereunder; (iv) any asbestos; (v) polychlorinated biphenyls; (vi) <br /> underground storage tanks, whether empty, filled, or partially filled with any substance; (vii) <br /> any solid waste or solid waste decomposition products; (viii) any substance the presence of <br /> which is prohibited by any federal, state, county, municipal, or local governmental statutes, <br /> regulations, ordinances, or resolutions; and (ix) other substances deemed hazardous, toxic, a <br /> pollutant, or contaminant, which by any federal, state, county, municipal, or other local <br /> governmental statutes, regulations, ordinances, or resolutions require special handling or <br /> notification in its collection, storage, treatment, or disposal. <br /> 6. Title. The Grantor represents and warrants to the City that Grantor is lawfully <br /> seized and possessed of the Property, that Grantor has a good and lawful right and power to <br /> grant the Easement and enter into this Agreement; and that the Property is free and clear of <br /> monetary encumbrances. The City acknowledges and agrees that it is taking the Easement <br /> without any other title warranty from Grantor. <br /> 7. Assignment; Binding Effect. This Agreement and the Easement hereunder and the <br /> conditions herein contained shall be covenants running with the land and shall inure to the <br /> benefit of and be binding upon the parties hereto and their successors and assigns, including any <br /> subsequent owners of the Property. <br /> 8. Miscellaneous. This Agreement shall be construed under and governed by the <br /> laws of the State of Washington. Either party's failure to enforce any provision hereof shall not <br /> constitute waiver thereof in any future instance. If any provision hereof is held to be <br /> 128631907.6 0073013-00075 <br />