FIELD DOCUMENTS_FILE 2 - Laserfiche WebLink

Home Browse Search

4.5 Failure of Owner/Tenant to give Equilon notice of Development activities as required herein shall relieve Equilon from any responsibility or liability to Owner/Tenant for any costs, expenses or consequential damages that may result from Owner/Tenant undertaking such Development activities. For purposes of this section, all notifications shall be made to Tony Palagyi, 2555 13th Avenue, Southwest, Seattle,Washington 98134, Phone: 425.377.8530, Fax: 425.377.1223, E-mail: aipalagyi@shellopus.com. 5. TERMINATION. Upon completion of its Corrective Action at the Property, this Agreement shall terminate and Equilon shall have no further obligation or responsibility to perform Corrective Action at the Property. Owner/Tenant agree(s) that Equilon will have completed its Corrective Action upon the earliest of (a)a determination by the Agency (i)that no further action is required by Equilon, or (ii) that the Corrective Action taken by Equilon at the Property has been completed; or (b) one year following the date Equilon submitted its written and supporting documentation to the Agency that Equilon considers its Corrective Action at the Property to be complete; or (c) one year following the date that the Agency directs Equilon to monitor only at the Property, regardless of whether Equilon has provided written notice (as provided in (a) above). 6. MUTUAL COOPERATION. Equilon agrees to coordinate its activities with Owner/renant to minimize any inconvenience to or interruption of the conduct of OwnerfTenant's business or development of the Property including, but not limited to, providing reasonable notice prior to all activities which Equilon believe may interrupt the conduct of Owner/Tenant's business. Owner/Tenant agree(s) to cooperate with Equilon, and execute any additional documents including, without limitation, permit applications, which may reasonably be required to effectuate the purpose of this Agreement. Owner/Tenant further agree(s) not to interfere with the activities conducted by Equilon on the Property. 7. PERMITS. Equilon, with the reasonable cooperation of Owner/Tenant, but at no expense to Owner/Tenant, shall obtain any and all permits which may be required for the Corrective Action it conducts pursuant to this Agreement. a. REPORTS. Equilon agrees to provide Owner/Tenant with copies of reports that are submitted to the Agency outlining the results of Equilon's Corrective Action performed pursuant to this Agreement. 9. SITE RESTORATION. Equilon agrees, upon completion of the Corrective Action contemplated by this Agreement, to restore the surface of the Property to as near the approximate grade and pavement as existed prior to said Corrective Action as is reasonably possible, including proper plugging, abandonment or removal of any monitoring well as may be required in accordance with applicable law. Equilon shall not be responsible for the repair or replacement of underground utilities (except for public underground utilities damaged by Equilon) or other structures (including canopies)on the Property. 10. INDEMNITIES. Equilon agrees to indemnify, defend and hold Owner/Tenant (collectively referred to as "Indemnified Party[ies]") harmless from any and all liabilities, losses, claims, demands, or orders arising out of the Corrective Action Equilon performs pursuant to this Agreement, except to the extent that any said liabilities, losses, claims, demands, or orders may be attributed in whole or in part to the negligence, gross negligence or intentional act of one or more of the Indemnified Parties. Equilon's indemnification obligation shall not include direct or indirect economic loss attributable to short term business interruptions as a result of