2008/03/19 Council Agenda Packet

4 Reservation of Rights / No Settlement This Agreement does not constitute a settlement of liability to the state under MTCA. This Agreement also does not protect a liable person from contribution claims by third parties for matters addressed by the Agreement. The state does not have the authority to settle with any person potentially liable under MTCA except in accordance with RCW 70.105D.040(4). Ecology's signature on this Agreement in no way constitutes a covenant not to sue or a compromise of any Ecology rights or authority. Ecology reserves all rights under MTCA, including the right to require additional or different remedial actions at the Site should it deem such actions necessary to protect human health and the environment, and to issue orders requiring such remedial actions. Ecology also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. Effective Date, Modifications, and Severability The effective date of this Agreement shall be the date on which this Agreement is signed by the Toxics Cleanup Program's Section Manager or delegated representative. This Agreement may be amended by mutual agreement of Ecology and the Client. Amendments shall be in writing and shall be effective when signed by the Toxics Cleanup Program's Section Manager or delegated representative. If any provision of this Agreement proves to be void, it shall in no way invalidate any other provision of this Agreement. Termination of Agreement Either party may terminate this Agreement without cause by sending written notice to the other party by certified mail, return receipt requested. The effective date of termination shall be the date Ecology sends notice to the Client or the date Ecology receives notice from the Client, whichever occurs first. Under this Agreement, the Client is only responsible for costs incurred by Ecology before the effective date of termination. However, termination of this Agreement shall not affect any right Ecology may have to recover its costs under MTCA or any other provision of law. Representations and Signatures The undersigned representative of the Client hereby certifies that he or she is fully authorized to enter into this Agreement and to execute and legally bind the Client to comply with the Agreement. STATE OF WASHINGTON City of Everett DEPARTMENT OF ECOLOGY - Name of Client Signature Signature of Client or Client Representative Ray Stephanson Printed Name Printed Name of Signatory Section Manager, Mayor Toxics Cleanup Program Section Title of Signatory Date: Date: Instructions: Please submit this Agreement to Ecology as part of the VCP application. Before submitting the Agreement, please provide the Client's name and the Site's address on the first page and complete the Client's portion of the signature block on the second page. If the application is accepted, Ecology will sign the Agreement and send the Client an acceptance letter that will include the completed Agreement as an enclosure.