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well as upon and to the benefit of their respective heirs, personal representatives, assignees <br />and other successors in interest. <br />8. Any notice or communication required by this Agreement between BCWR and Ecology <br />shall be given to the addresses set forth below: <br />To Ecology: <br />Water Resources Section Manager <br />Washington Department of Ecology <br />Central Regional Office <br />15 West Yakima Avenue, Suite 200 <br />Yakima, Washington 98902-3452 <br />TD BCWR: <br />Big Creek Water Right LLC <br />P.O. Box 808 <br />Cle Elum, Washington 98922 <br />9. BCWR, from time to time, may request by letter that Ecology add additional water rights, <br />that BCWR owns or controls, to this Trust Agreement. Upon Ecology's agreement with said <br />request, said water shall be added to this trust Agreement through an addendum. <br />10. No provision of this Agreement is severable from any and all other provisions of this <br />Agreement. Should any provision of this Agreement be unenforceable for any reason outside <br />the control of the parties and subject to the provisions of Paragraph 8.2, the party finding itself <br />unable to enforce the provision may, at its sole discretion, declare this entire Agreement to be <br />null and void. <br />11. If either party fails to exercise its rights under this Agreement, it will not be precluded <br />from subsequent exercising of its rights under this Agreement. A failure to exercise rights will <br />not constitute a waiver of any other rights under this Agreement, unless stated in a letter <br />signed by an authorized representative of the party and attached to the original Agreement. <br />12. Amendments to this Agreement must be in writing and signed by an authorized <br />representative of each of the parties. <br />13. Each party shall protect, defend, indemnify, and hold the other harmless from and <br />against their respective acts and omissions and for all third party claims arising out of or <br />related to this Agreement. <br />14. This Agreement will be governed and enforced under the laws of the State of <br />Washington. Venue for any action arising under or related to this Agreement shall be in Kittitas <br />County, Washington. <br />15. If either party hereto is required to retain an attorney to enforce any provision of this <br />Agreement, whether or not a legal proceeding is commenced, the substantially prevailing party <br />shall be entitled to reasonable attorneys' fees regardless of whether at trial, on appeal, in any <br />bankruptcy proceeding, arbitration matter or without resort to suit. <br />C <br />