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6 <br /> If the City materially revises the project alignment shown on Attachment A, the City shall <br /> reimburse or credit all reasonably necessary sampling costs incurred, by ExxonMobil <br /> and American Distributing as a result of such revision, unless the revision is necessary <br /> due to an underground structure owned by American Distributing or ExxonMobil and not <br /> disclosed to the City prior to the effective date of this document. <br /> 5. indemnification. Each Party agrees to indemnify the other Parties <br /> against, and hold them harmless from, all claims arising from and to the extent of that <br /> Party's negligent acts or omissions. Solely and expressly for the purposes of each <br /> Party's duties to indemnify and defend the other Parties under this section, each Party <br /> specifically waives any immunity it may have under the State Industrial Insurance Law, <br /> Title 51 RCW. Each Party recognizes that this waiver of immunity under Title 51 RCW <br /> was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the <br /> subject of mutual negotiation. In addition, ExxonMobil and American Distributing <br /> expressly agree to indemnify and hold the City harmless for all claims arising from or in <br /> any way related to migration of existing groundwater contamination beyond current <br /> locations caused by the City's dewatering, excavation, or other construction or <br /> maintenance activities during the time of the construction activities, except to the extent <br /> such migration is caused by the willful and negligent acts of the City or its contractors. <br /> The City shall provide ExxonMobil, American Distributing, and AMEC copies of its <br /> dewatering specification which shall be deemed approved unless within 14 days <br /> ExxonMobil and American Distributing provide the City with acceptable alternative <br /> specifications. The City will provide ExxonMobil, American Distributing, and AMEC <br /> copies of the dewatering plan. In the event ExxonMobil or American Distributing <br /> recommend a change to the dewatering plan to correct a significant technical <br /> deficiency, the City shall propose such change to its contractor. Any costs associated <br /> with correcting a significant technical sufficiency shall not be considered a Reasonable <br /> Incremental Cost under this Agreement. <br /> 6. Reimbursable Costs. ExxonMobil and American Distributing shall <br /> reimburse the City for all Reasonable Incremental Costs that are substantiated by <br /> adequate documentation. Reasonable Incremental Costs are costs that are incurred by <br /> the City in constructing the Project that are attributable to the presence of petroleum <br /> contaminants in soil or groundwater from historical operations of ExxonMobil or <br /> American Distributing. For tasks that would have been performed in the absence of <br /> petroleum contaminants in soil and groundwater, but are more costly because of the <br /> presence of petroleum contaminants, the Reasonable Incremental Cost is the difference <br /> between what would have been incurred in the absence of contaminants and what is <br /> incurred, to the extent such difference is attributable to petroleum contaminants from <br /> historical operations of ExxonMobil or American Distributing. Adequate documentation <br /> includes consultant and contractor invoices, meter readings, weight tickets, manifests or <br /> bills of lading, landfill receipts, or other invoices or documents evidencing the amount, <br /> date, and purpose of the expenditure. Reasonable Incremental Costs include, but are <br /> not limited to, the items and costs identified in Attachment B. <br /> 7. Payment. The City shall direct all requests for reimbursement to.AMEC, <br /> with copies to ExxonMobil and American Distributing, at the addresses identified in <br /> Funding Agreement Page 3 of 8 <br /> 2002 001 hh310502 50 <br />