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(iv) any asbestos; (v)polychlorinated biphenyls; (vi) underground storage tanks, whether empty, <br /> filled or partially filled with any substance; (vii) any solid waste or solid waste decomposition <br /> products (not part of or resulting from the intermodal transfer facility operations); (viii) any <br /> substance the 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 this Easement; that same is <br /> free and clear of encumbrances, and that Grantor will forever warrant and defend the title to said <br /> Easement and the quiet possession thereof against the lawful claims and demands of all other <br /> persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> 9. In the event that a dispute under this Easement arises between the parties,both parties <br /> agree to work diligently and expeditiously to resolve that dispute. If a dispute arises,at the request <br /> of one party, both parties shall meet, within three (3) days to discuss the substance of the issue(s) <br /> in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the initial <br /> meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his designee, <br /> and the City's Director of Public Works, or his designee, shall meet to discuss the substance of the <br /> issue(s) in dispute. If the parties are unsuccessful in resolving the disputed issue(s) as this <br /> subsequent meeting, the parties agree to engage the services of a mediator who is mutually <br /> acceptable and participate in mediation within twenty (20) days of the subsequent meeting or as <br /> soon thereafter as the mediator may be available or at such later date as the parties may agree. In <br /> 5 <br />