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10 <br /> RESIDUALS SALES AGREEMENT <br /> This AGREEMENT is made and executed this day of , 2005, by and between <br /> SERIES SEVEN, INC., DBA EVERGREEN ON-SITE ("Evergreen") a Washington corporation and <br /> THE CITY OF EVERETT, WASHINGTON, a municipal corporation of the State of Washington <br /> ("City"), collectively the"Participants". <br /> RECITALS <br /> WHEREAS, the Participants have established a commitment to environmentally sound <br /> practices that includes the reuse of high quality residuals; and <br /> WHEREAS, the City owns a stockpile of approximately twenty five thousand four hundred <br /> (25,400) cubic yards of locally produced clarifier residuals from a tissue manufacturing process <br /> ("Nutrifibre"); and <br /> WHEREAS, the Nutrifibre contains nutrients essential for plant growth; and <br /> WHEREAS, the Nutrifibre is located on property commonly known as the Riverside Site and <br /> legally described in Exhibit A; and <br /> WHEREAS, Evergreen desires to purchase and take title to the Nutrifibre, recycle and reuse it <br /> in strict compliance with this Agreement and all applicable laws and regulations as a soil amendment <br /> product; and <br /> WHEREAS, reuse of the Nutrifibre will benefit the environment by improving the quality of <br /> soils to which it is added: <br /> NOW, THERFORE, in consideration of the above recitals and the covenants and promises set <br /> forth herein, the Participants agree as follows: <br /> 1. SALE AND PURCHASE: The City sells, and Evergreen purchases, approximately twenty <br /> five thousand four hundred (25,400) cubic yards of Nutrifibre. All right, title and interest in the <br /> 68 <br />