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nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and <br /> hold Grantor harmless in any prior written agreement between the parties. <br /> 14.6 Time is of the essence for the performance of this Easement Agreement. <br /> ADMINISTRATIVE FEE <br /> 15. Grantee acknowledges that a material consideration for this agreement, without which it would <br /> not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this <br /> Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of$2,000.00 over and above <br /> the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate <br /> check. <br /> Witness the execution of this Easement Agreement as of the date first set forth above. <br /> GRANTOR: <br /> BNSF RAILWAY COMPANY,a Delaware corporation <br /> By: <br /> Name: t roger <br /> Title: General Director Real Estate <br /> GRANTEE: <br /> THE CITY OF EVERETT, a political subdivision of the State of <br /> Washington <br /> Agolie , <br /> By: LA Name: Ray -•I' son/May,' <br /> Attest. hi /A/, <br /> City Clerk ,n <br /> As to form: �L � _ <br /> y Attorney <br /> Form 704CM; Rev. 08/17/11 <br /> 6 <br />