WA ST Department of Ecology (DOE) 6/26/2018

1. In the event a dispute arises as to an approval, disapproval, proposed change, investigation conclusion, or other decision or action by Ecology project staff,the City may formally dispute Ecology's decision as described here. 2. The City will be asked to submit its complaint to the Northwest Region Toxics Cleanup Section Manager("Section Manager") in writing. 3. The Section Manager shall conduct a review of the dispute and shall endeavor to issue a written decision regarding the dispute within thirty(30) days of City's request for review. The Section Manager's decision shall be Ecology's final decision on the disputed matter. The Parties agree to utilize the dispute resolution process in good faith and agree to expedite,to the extent possible,the dispute resolution process whenever it is used. Implementation of these dispute resolution procedures shall not provide a basis for delay of any undisputed Work outlined in this Owner Agreement that is underway or planned unless Ecology agrees in writing to a schedule extension. (11) Miscellaneous This Owner Agreement constitutes the complete agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, written or oral. No waiver under this Owner Agreement shall be valid unless it is given in writing and duly executed by the party to be charged therewith. This Owner Agreement may be amended only in writing and only if signed by each of the parties hereto. The invalidity or unenforceability of any provision of this Owner Agreement shall not affect the other provisions, and this Owner Agreement shall be construed as if such invalid or unenforceable provision were omitted. This Owner Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. This Agreement shall be effective as of the date it is signed by appropriate representatives of both the City of Everett and the Department of Ecology. Owner Initials: La 9