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Page 3 of 6 Agreement to Lease Water Between Kittitas County and Treat Jim Treat 10891 Brick Mill Road Ellensburg WA 98926 7. Advice of Counsel. The parties acknowledge they have had the opportunity to consult with their own legal counsel regarding this Agreement. 8. Entire Agreement; Modifications. This Lease Agreement constitutes the entire agreement of the County and Treat with respect to the Lease of the County’s Water Rights. Any prior correspondence, letters of intent, memoranda, understandings, offers, negotiations and agreements, oral or written, other that the Treat PSA, are replaced in total by this Lease Agreement. This Lease Agreement may not be modified or amended except by a written instrument signed by both parties. 9. Counterparts/Facsimile Execution. This Lease Agreement may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one contract, binding on the County and Treat, even though the signatures of all parties may not appear on any one counterpart. For purposes of this Agreement, original instruments or telephonic or electronic mail facsimiles in any number of counterparts, all of which together shall constitute one and the same of a signed counterpart of this Lease Agreement. 10. Construction. This Lease Agreement will be governed by and construed under the laws of the State of Washington. The captions and paragraph titles used in this Agreement are for reference only and will not be used in the interpretation of this Agreement or any related document. If any provision of this Agreement is determined to be illegal, void or unenforceable, such determination will not affect any other provision of this Agreement and all such other provisions will remain in full force and effect. 11. Governing Law; Venue. This Lease Agreement shall be interpreted, construed and enforced according to the laws of the State of Washington and venue for any disputes arising under this Agreement shall be in Kittitas County, Washington. 12. Assignment; Successors. Neither the County nor Treat may sell, transfer, assign, pledge or encumber its interest in this Lease Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. A purported sale, transfer, assignment, pledge or encumbrance without prior written consent of the other party shall be null and void and of no force or effect. Subject to the restrictions contained herein, the rights and obligations of the County and Treat shall inure to the benefit of and be binding upon their respective estates, heirs, executors, administrators, successors, successors-in-trust and assigns. 13. Amendment. This Agreement may not be modified or amended except by the written agreement of the Parties. Signature page to follow.