Laserfiche WebLink
In the event Grantee breaches or fails to perform or observe any of the terms and <br /> conditions herein, and fails to cure such breach or default within sixty (60) days of <br /> Grantor giving Grantee written notice thereof, or within such other period of time as <br /> may be reasonable in the circumstances, the Grantor may terminate Grantee's rights <br /> under this agreement in addition to and not in limitation of any other remedy of the <br /> Grantor at law or in equity, and the failure of the Grantor to exercise such right at any <br /> time shall not waive the Grantor's right to terminate for any future breach or default. <br /> 14. Termination for Cessation of Use: <br /> In the event Grantee ceases to use the improvements for a period of one year (360 <br /> calendar days), this agreement and all of Grantee's rights hereunder shall terminate and <br /> revert to Grantor without further action required by Grantor. Upon request of the <br /> Grantor, the Grantee shall deliver to the Grantor a fully executed termination of <br /> easement agreement to be recorded in the office of the Snohomish County Auditor. <br /> 15. Release of Liability on Termination: <br /> No termination of this Agreement shall release Grantee,from any liability or obligation <br /> with respect to any matter occurring prior to such termination, nor shall such <br /> termination release Grantee from its obligation and liability to remove the <br /> improvements from the Property and restore the grounds. <br /> 16. Removal of Improvements upon Termination: <br /> Upon any termination of this agreement, Grantor may require that Grantee promptly <br /> remove from the easement area its improvements and restore the ground to the <br /> condition now existing, or in the alternative, take such other and mutually agreeable <br /> measures to minimize impact of the improvements on the Property. Such work, shall <br /> be done at the sole cost and expense of Grantee and in a manner satisfactory to the <br /> Grantor. In case of failure of Grantee to so remove its improvements,restore the ground <br /> or take such other mutually agreed upon measures,Grantor may,after reasonable notice <br /> to Grantee,remove Grantee's improvements,restore the ground or take such measures <br /> at the expense of Grantee, and Grantor shall not be liable therefor. <br /> 17. Refuse, Waste and Hazardous Substances: <br /> (a) Refuse. Grantee shall not make,or suffer to be made, any filling in of the Property <br /> or any deposit or rock, earth, ballast, refuse, garbage, waste matter (including <br /> chemical, biological, or toxic wastes), hydrocarbons, any other pollutants, or other <br /> matter within or upon the Property, except as approved in writing by the Grantor. <br /> If Grantee shall fail to remove all non-approved fill material, refuse, garbage, <br /> wastes, or other of the above materials form the Property and restore the Property <br /> to its condition immediately prior to the deposition of the unauthorized material, <br /> Grantee agrees that the Grantor may remove such materials and charge Grantee for <br /> the cost of removal and disposal together with interest thereon from the date of <br /> expenditure at the rate of one percent per month (or at such higher rate as may be <br /> authorized by statute subsequent to the execution date of this Agreement). <br /> 6 <br />