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(c).any claims resulting from the gross negligence or willful misconduct of the City <br /> Indemnified Parties. The foregoing indemnity shall survive the expiration or earlier <br /> termination of this MOU. <br /> 5.3. The Parties agree to cooperate in the event that a Claim related to the presence of <br /> Hazardous Substances on the Property is brought by a third party. <br /> 5.4. In this MOU, the term "Hazardous Substances" shall mean any hazardous, toxic or <br /> dangerous substance, waste or material which is or becomes regulated under any <br /> federal, state or local statute, ordinance, rule, regulation, or other law now or <br /> hereafter in effect pertaining to environmental protection,contamination or clean-up, <br /> including without limitation, petroleum, crude oil or any fraction or distillate thereof, or <br /> asbestos or PCBs. The term shall include, but is not limited to, all hazardous <br /> substances, hazardous materials and hazardous wastes listed by the U.S. <br /> Environmental Protection Agency in the State of Washington under the <br /> Comprehensive Environmental Response, Compensation and Liability Act <br /> (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Toxics <br /> Substances Control Act(TSCA),the Federal Water Pollution Control Act(FWPCA), <br /> the Washington State Model Toxics Contract Act (MTCA) and comparable state <br /> statutes and regulations. <br /> 6. Modification <br /> 6.1. No amendment is required for actions by the RET explicitly or impliedly <br /> authorized by Sections 1 and 2 of the MOU. The MOU shall be amended in <br /> writing if the Parties decide to modify or add provisions that materially change the <br /> cost-sharing or liability provisions of this MOU. <br /> The Parties have executed this Agreement as of the day and year first above written. <br /> CITY OF EVERETT KIMBERLY-CLARK CORPORATION <br /> g(' <br /> A <br /> By By "I <br /> Ray ghans. , Mayor Sc C t• vltlu�,(, EVE2i. 7 1tcc- cA.a4J4 u � <br /> Dated: 11-I-V-05 Dated: r Z-12tm j <br /> ATTEST: KIMBERLY-CLARK WORLDWIDE, INC. <br /> By1 n_ix � By C' <br /> Sharon Marks, C ty Clerk Sem% T. ph�u, tCv,2 04.11-c, 414.14 4 1.4R <br /> Dated: tg_l (OS Dated: I2_I23165— <br /> APPROVED AS TO FORM: <br /> mes . Iles, Cit Attorney <br /> Dated: a$'1 - <br /> Page 10 <br />