Interwest Construction Inc. 7/24/2017

Tracking#16-55547 22. Taxes. Licensee shall pay when due any taxes,assessments or other charges(collectively, 'Taxes")levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other improvements constructed or installed on the Premises by or for Licensee(collectively,the'Improvements")or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT,TERMINATION,AND SURRENDER 23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15,the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below: 23.1 If default shall be made in any of Licensee's covenants,agreements,or obligations contained in this License and Licensee fails to cure said default within thirty(30)days after written notice is provided to Licensee by Licensor,or in case of any assignment or transfer of this License in violation of Section 26 below,Licensor may,at its option,terminate this License by serving five(5)days'notice in writing upon Licensee. Notwithstanding the foregoing,Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15. 23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained in any other provision of this License, 1 icensor may,at its option,terminate this License by serving five(5) days'notice of termination upon Licensee. 23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 23 shall be in addition to,and not in limitation of,any other remedies that Licensor may have at law or In equity. 23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above.this License may be terminated by either party, at any time, by serving ninety(90)days'written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License,whether of indemnity or otherwise,resulting from any acts,omissions or events happening prior to the date of termination or thereafter in case by the terms of the License It is provided that anything shall or may be done after termination hereof. 24. Surrender of the Premises. 24.1 On or before expiration or termination of this License for any reason, Licensee shall,at its sole cost and expense: 241.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all appurtenances thereto, or, at the sole discretion of Licensor. fill and cap or otherwise appropriately decommission the Pipeline with a method satisfactory to Licensor; 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of,or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee;and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date. 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above(the"Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations,and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed.Neither termination nor expiration shall release Licensee from any liability or obligation under this License,whether of indemnity or otherwise,resulting from any acts,omissions or events happening prior to the date of termination, or,if later,the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. Form 424:Rev.201400801 •10- CITY OF EVERETT GRAND AVENUE PARK BRIDGE May 18,2017 WO#3588 Appendix G2—11 Page 28 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale