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substance"under the Washington Model Toxics Control Act(chapter 70.105D RCW)as amended <br /> from time to time and regulations promulgated thereunder; (iii) any "hazardous substance" or <br /> "hazardous waste"as defined by the Comprehensive Environmental Response,Compensation and <br /> Liability Act of 1980 (42 USC §§ 9602 et seq.) as amended from time to time and regulations <br /> promulgated thereunder; (iv) any asbestos; (v)polychlorinated biphenyls; (vi)underground <br /> storage tanks,whether empty, filled or partially filled with any substance; (vii) any solid waste or <br /> solid waste decomposition products (not part of or resulting from the intermodal transfer facility <br /> operations); (viii) any substance the presence of which is prohibited by any federal, state, county, <br /> municipal or other local governmental statutes, regulations, ordinances or resolutions; and <br /> (ix)other substances deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, <br /> state,county,municipal or other local governmental statutes,regulations,ordinances or resolutions <br /> require special handling or notification in its collection, storage,treatment or disposal. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to grant this Easement; that same is <br /> free and clear of encumbrances, and that Grantor will forever warrant and defend the title to said <br /> Easement and the quiet possession thereof against the lawful claims and demands of all other <br /> persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> 9. In the event that a dispute under this Easement arises between the parties,both parties <br /> agree to work diligently and expeditiously to resolve that dispute. If a dispute arises,at the request <br /> of one parry,both parties shall meet,within three (3) days to discuss the substance of the issue(s) <br /> in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the initial <br /> meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his designee, <br /> and the City's Director of Public Works, or his designee, shall meet to discuss the substance of the <br /> 5 <br />