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its officers, employees, agents, assigns or sublessees, and/or (b) the City, its officers, employees or
<br /> agents, the parties' respective responsibilities shall be allocated by their respective degrees of fault.
<br /> The Grantor, and the City specifically and expressly waives any immunity under Industrial Insurance,
<br /> Title 51 RCW (but solely to the extent necessary to give effect to this agreement), and acknowledges
<br /> that this waiver has been mutually negotiated by the parties. All of the foregoing provisions of this
<br /> Section 6 shall survive and be enforceable after the termination of this Agreement.
<br /> B. The indemnification, defense, and hold harmless obligations under Section 6.A
<br /> above are not applicable to any liability, loss, damage, expense, actions or claims arising from or
<br /> relating to any release, discharge or placement of any Hazardous Substance. Grantor and City's
<br /> obligations regarding Hazardous Substances are as set forth by applicable law. As used hereunder,
<br /> the term "Hazardous Substance" shall mean (i) any substance subject to regulation under the
<br /> Washington Hazardous Waste Management Act(chapter 70.105 RCW)as amended from time to time
<br /> and regulations promulgated thereunder; (ii) any"hazardous substance"under the Washington Model
<br /> Toxics Control Act (chapter 70.105D RCW) as amended from time to time and regulations
<br /> promulgated thereunder; (iii) any "hazardous substance" or "hazardous waste" as defined by the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980(42 USC §§ 9602
<br /> et seq.) as amended from time to time and regulations promulgated thereunder; (iv) any asbestos;
<br /> (v)polychlorinated biphenyls; (vi) underground storage tanks,whether empty,filled or partially filled
<br /> with any substance; (vii) any solid waste or solid waste decomposition products (not part of or
<br /> resulting from the intermodal transfer facility operations); (viii) any substance the presence of which
<br /> is prohibited by any federal, state,county,municipal or other local governmental statutes,regulations,
<br /> ordinances or resolutions; and (ix) other substances deemed hazardous, toxic, a pollutant, or
<br /> contaminant, which by any federal, state, county, municipal or other local governmental statutes,
<br /> regulations,ordinances or resolutions require special handling or notification in its collection, storage,
<br /> treatment or disposal.
<br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized of the land on
<br /> which the Easement is located; has a good and lawful right and power to grant to the City the rights
<br /> with respect to the Temporary Construction Easement provided for by this Agreement; that the
<br /> Temporary Construction Easement is not subject to any liens or encumbrances inconsistent with this
<br /> Agreement; and that Grantor will forever warrant and defend the title to the Temporary Construction
<br /> Easement and the quiet use of the City thereof in accordance with this Agreement against the lawful
<br /> claims and demands of all other 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 Agreement arises between the parties, each party
<br /> to the dispute agrees to work diligently and expeditiously to resolve that dispute. If a dispute arises,
<br /> at the request of one party,each of the parties to the dispute shall meet,within three(3)days to discuss
<br /> the substance of the issue(s) in dispute. In the event that the parties are unsuccessful in resolving the
<br /> dispute(s)at the initial meeting,within three(3)days thereafter,the Grantor's Director of Engineering,
<br /> or his designee, and/or the City's Director of Public Works, or his designee, as the case may be, shall
<br /> meet to discuss the substance of the issue(s) in dispute. If the parties to the dispute are unsuccessful
<br /> in resolving the disputed issue(s) at this subsequent meeting,the parties to the dispute agree to engage
<br /> the services of a mediator who is mutually acceptable and participate in mediation within twenty(20)
<br /> days of the subsequent meeting or as soon thereafter as the mediator may be available or at such later
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