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Notice to City Notice to Grantor <br /> City of Everett BNSF Railway Company <br /> Attn: Michael Palacios Attn: Sarah Hartwell <br /> Real Property Management Manager of Environmental Operations <br /> 3200 Cedar Street 2454 Occidental Ave. S. <br /> Everett, WA 98201 Seattle, WA 98134-1451 <br /> Brooke Kuhl <br /> General Attorney <br /> BNSI� Railway Company <br /> 201 West Railroad Street, Ste 300 <br /> Missoula, MT 59802 <br /> A party may change its address by delivering written notice to the other party of the new address. <br /> g. Attorney's Fees and Costs. "I�hc prevailing party in any action brought to <br /> enforce any obligations under this Agreement shall be entitled to recover from the non-prevailing <br /> party or parties an amount equal to the reasonable attorney's fees and costs inc�,rred by the <br /> prevailing party, including without limitation any costs incurred on appeal. <br /> h. No Third-Party Beneficiaries. The provisions of this Agreement are for <br /> the sole benefit of the City and the Grantor. No other persons have any rights or remedies under <br /> this Agreement. <br /> i. Authorization to Sign. The parties hereto each represent and warrant that <br /> all necessary signatures and consents to enter this Agreement and to assume and perform the <br /> obligations hereunder have been duly and properly obtained. <br /> The City and the Grantor have executed this Agreement as of the date first above written <br /> CITY OF EVERETT BNSF RAILWAY <br /> By By <br /> Ray Stephanson, (name) <br /> Mayor (title) <br /> ATTEST <br /> City Clcrk <br /> 5 ./ <br /> �d <br />