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HomeMy WebLinkAbout5.899 Amendment 2 5.899 SECOND ADDENDUM TO COMMON INTEREST AGREEMENT WHEREAS,the City of Port Angeles("City"), a Washington municipal coMoration, and Nippon Paper Industries USA,Co. Ltd. ("Nippon"), a Washington corporation having previously entered into a Common Interest Agreement("Agreement"), effective July 22, 2008 regarding suspected contamination in Port Angeles Harbor, and: WHEREAS, in May,2012 the Port of Port Angeles("Port"), a municipal corporation and special purpose district of the state of Washington,Merrill&Ring,Inc., a Washington corporation("M&R"),and Georgia-Pacific("G-P"), a Delaware corporation which does business in the state of Washington,joined the Agreement,and; WHEREAS, Section 8 Additional Parties of the Agreement provides that the parties "may agree to allow other persons who share their common interest in defending any claims that may be asserted against them with regard to Contamination in Port Angeles Harbor, and who agree to be bound by the terms"'of the Agreement,to join the Agreement, and: WHEREAS, Owens Coming("O-C"), a Delaware corporation which does business in the state of Washington, wishes to join the Agreement, and; WHEREAS,O-C satisfies the criteria specified in Section 8 of the Agreement and agrees to be bound by its terms and: WHEREAS,City, Nippon, Port, MICR and GP agree that O-C should be allowed to join the Agreement; NOW,THEREFORE,in consideration of the mutual benefits derived from allowing O-C to join the Agreement,and in consideration of the mutual promises and agreements, outlined in the Agreement,it is agreed by City,Nippon,Port, M&R and G-P that O-C is hereby allowed to join the Agreement, effective as of the date of the last signature below'. All other terms and conditions of the Agreement shall remain in full force and effect, CITY OF PORT ANGELES: By: . . ......... ........ ..... Its: Date NIPPON PAPER INDUSTRIES USA CO., [,TD. By: December 20,2016 Its: -Mw er ....... — -- --------------- - Date-............. VP 13 Date t 3EC„tItGI ACIIFIC° LAX: N Steven J. Thiele i le gat TOEL RIVES, LLP Atlomeys f6r Georgia-Pacific Ll.,C ,E RIC L & RING, INC: By _ Its Cite Owens Corning agrees to be bound by the terms of the Common Interest Agreement, as referred tai in the preceding Addendum, By: Its: haat _ ._�. PORI`CSF PORT ANGELES: By� ....... _. _.. ._.._,......_w _ . . ...._.......... _.... Its. Date GEORGIA-PACIFIC LLC� /­11�.I.—.­�* -LAW _ .... t teem J. Thiele L tm `r0 L..,RI,VES, LLP Attorneys s for Georgia-Pacific LLC MERLt.ILL& RINO,INC. fly: Its: Date Owens Coming agrees to be bound by the terms of the Common Interest Agreement, s referred to in the preceding ddendum, ', d" .s �✓ w � Lt : � .i UX4.1. ."r C �_ a itz".__. Leta