WA ST Department of Ecology 1/26/2018

any requested opinions and notify the Customer by certified mail that the debt is past due. If payment has not been received within sixty (60) calendar days of the invoice date, then Ecology shall stop all work under the Agreement and may, as appropriate, assign the debt to a collection agency under Chapter 19.16 RCW. The Customer agrees to pay the collection agency fee incurred by Ecology in the course of debt collection. Reservation of Rights / No Settlement This Agreement does not constitute a settlement of liability to the state under MTCA. This Agreement also does not protect a liable person from contribution claims by third parties for matters addressed by the Agreement. The state does not have the authority to settle with any person potentially liable under MTCA except in accordance with RCW 70.105D.040(4). Ecology's signature on this Agreement in no way constitutes a covenant not to sue or a compromise of any Ecology rights or authority. Ecology reserves all rights under MTCA, including the right to require additional or different remedial actions at the Site should it deem such actions necessary to protect human health and the environment, and to issue orders requiring such remedial actions. Ecology also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. Effective Date, Modifications, and Severability The effective date of this Agreement shall be the date on which this Agreement is signed by the Toxics Cleanup Program's Section Manager or delegated representative. This Agreement may be amended by mutual agreement of Ecology and the Customer. Amendments shall be in writing and shall be effective when signed by the Toxics Cleanup Program's Section Manager or delegated representative. If any provision of this Agreement proves to be void, it shall in no way invalidate any other provision of this Agreement. Termination of Agreement Either party may terminate this Agreement without cause by sending written notice by U.S. mail to the other party. The effective date of termination shall be the date Ecology sends notice to the Customer or the date Ecology receives notice from the Customer, whichever occurs first. Unless otherwise directed, issuance of a No Further Action opinion, either for the Site as a whole or for a portion of the real property located within the Site, shall constitute notice of termination by Ecology. Under this Agreement, the Customer is only responsible for costs incurred by Ecology before the effective date of termination. However, termination of this Agreement shall not affect any right Ecology may have to recover its costs under MTCA or any other provision of law. Representations and Signatures The undersigned representative of the Customer hereby certifies that he or she is fully authorized to enter into this Agreement and to execute and legally bind the Customer to comply with the Agreement. STATE OF WASHINGTON (79 Tg 4,4"-- E'YZ.C"�T` ARTME F ECOLOGY Name ofClIstomer 07 ' 4. Signature Signatu e /✓ ' ``0" 0 cvSlct <l /744— /v4'KLi'V Printed Name Printed Name of Signatory Section Manager, #Q GLS t.)19 MA <o4' Toxics Cleanup Program Section Title of Signatory Date: /0/1//2 Date: // •6' AO r If you need this document in an alternative format, please call the Toxics Cleanup Program at 360-407-7170. Persons with •-. ing loss can call 711 for Washington Relay Service. Persons with a sp--ch lity ca call 877-833-6341. op,OVED AS all F'' ECY 070-324(revised July 2008) ATfrt b I •ANL a V! I I I `�� LAMES D. ,City Attorney City Clerk