Port of Everett 12/17/2018 - Laserfiche WebLink

City's negligent, willful, or intentional failure to obtain permission to conduct work or activity contrary to the promises set forth in Sections 1, 2 and 5 above which interferes with the Grantor's operations, or that of its agents, tenants, contractors, employees, assigns, and the like, or the performance of work by Longshoreman, that result in economic loss to the Grantor. 8. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the Easement Area; has a good and lawful right and power to grant this Easement; that the Easement Area is free and clear of encumbrances inconsistent with the Easement; and that Grantor will forever warrant and defend the title to the Easement and the quiet possession thereof against the lawful claims and demands of all other persons claiming by,through or under Grantor. 9. If the City should choose to abandon or cease to use the Easement or Easement Area for the uses permitted hereby, then the City shall give written notice to the Grantor. Grantor then may, at its option,terminate this Agreement and the rights of the parties hereunder by serving sixty (60) days' notice in writing on the City, in which case the Easement Improvements become the property of the Grantor, with Grantor accepting such improvements "AS-IS." Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate the Easement, nor shall any waiver in any way affect Grantor's ability to enforce this Agreement. 10. The rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 11. In the event that a dispute under this Agreement arises between the parties, both parties agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the request of one party, both parties shall meet, within three (3) days to discuss the substance of the issue(s) in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the initial meeting, within three (3) days thereafter,the Grantor's designee, and the City's Director of -7-