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all statutes of limitation and statutes of repose, all laches and other time-based equitable <br /> defenses, and all other bars to action for failure to timely make demand or to timely file, <br /> are tolled until this Tolling Agreement is terminated as provided herein. Such deadlines <br /> and/or contractual limitation periods shall not run or operate with respect to any claims, <br /> rights, remedies, and/or defenses the Parties may have against any other Party pertaining <br /> in any way to the Project and no Party in its computation of time for such claim, right, <br /> remedy or defense shall include any time which elapses between April 25, 2019 and the <br /> date of the expiration or termination of this Tolling Agreement. <br /> 3. Termination. This Tolling Agreement will be in effect until termination as <br /> provided herein. The "period of tolling" (defined as the period of time between April 25, <br /> 2019 and the termination or expiration date of this Tolling Agreement) shall not count as <br /> part of any tolling period which might otherwise be applicable. The "period of tolling" <br /> shall survive termination of this agreement, as shall all rights and defenses of the Parties <br /> under the Contract, equity, or at law. This Tolling Agreement will expire at the earliest of <br /> (a) thirty (30) days after the date that the Board notifies Stantec, by way of written notice <br /> to the Stantec representative designated below in Section 4, that the investigation into <br /> further potential mortar issues on the Project is complete, (b) April 24, 2020, or (c) thirty <br /> (30) days after the date this Tolling Agreement is terminated by either Party by sending <br /> written notice to the other Party as set forth in Section 4 below. <br /> 4. Notice of Termination. Any notice made under this Tolling Agreement shall <br /> be made by email and by U.S. mail, postage prepaid, as follows: <br /> For the Board: Tim Brewer, Esq. <br /> Tulalip Tribes Office of Reservation Attorney <br /> 6406 Marine Drive <br /> Tulalip, Washington 98271 <br /> Tim Benedict <br /> Deputy City Attorney <br /> 2930 Wetmore Ave, Suite 10-C <br /> Everett, WA 98201 <br /> tbenedict@everettwa.gov <br /> For Stantec: Bill Butler <br /> Senior Counsel <br /> Stantec Consulting Services Inc. <br /> 11130 NE 33rd PL. #200 <br /> Bellevue, WA 98004 <br /> TOLLING AGREEMENT —2- <br /> 20108 00006 1f1829350 <br />