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Form Approved by VP -Law 02-24478 f <br />RELEASE OF CLAIM AND INDEMNITY <br />THIS AGREEMENT ("Agreement"), made as of the day of , 2002 <br />("Effective Date") by and between THE BURLINGTON NORTHERN AND SANTA FE <br />RAILWAY COMPANY, a Delaware corporation ("Railroad") and CITY OF EVERETT, a <br />Washington municipality ("Permittee"). <br />NOW THEREFORE, in consideration of the mutual covenants contained herein, the <br />parties agree to the following: <br />1. Railroad hereby grants Permittee a non-exclusive license, subject to all rights, interests, <br />and estates of third parties, including, without limitation, any leases, licenses, easements, <br />liens, or other encumbrances, and upon the terms and conditions set forth below, to use <br />the area of Railroad's property shown on the attached Drawing attached hereto, marked <br />Exhibit "A", and made a part hereof, situated at or near Everett, County of Snohomish, <br />State of Washington, Line Segment 37/408/407, Mile Post 1782+1- ("Premises") for the <br />purposes specified in Section 3 below. <br />2. Permittee shall not disturb any improvements of Railroad or Railroad's existing, lessees, <br />licensees, easement beneficiaries or lien holders, if any, or otherwise interfere with the <br />use of such improvements. <br />3. Permittee shall use Premises exclusively as a site for inspection.. Permittee shall not use <br />the Premises for any other purpose whatsoever. Permittee shall not use or store <br />hazardous substances, as defined by the Comprehensive Environmental Response, <br />Compensation, and Liability Act, as amended ("CERCLA") or petroleum or oil as <br />defined by applicable Environmental Laws on the Premises. Permittee shall not use the <br />premises for any environmental testing or sampling. <br />4. Permittee will not have more than 10 persons present on Railroad's premises. Permittee <br />will not interview, talk with or disturb any of Railroad's employees. Any contractors or <br />subcontractors performing work on the Premises of Permittee, entering the Premises on <br />behalf of Permittee, shall be deemed agents of Permittee for purposes of this Agreement. <br />5. This Agreement shall commence on the Effective Date and shall be in effect until <br />December 31, 2004. <br />6. Permittee shall observe and comply with any and all laws, statutes, regulations, <br />ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the use of <br />the Premises. <br />Form 430; Rev. 06/06/02 <br />-1- <br />