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Filed for Record 04/16/2009 04:48 :53 PM -Kittitas County, WA Auditor -200904160090 Page 23 of 118 <br />MountainStar may be adjusted to reflect Trendwest's proportional share for correction of the <br />diminished water quality, if any). <br />(The parties acknowledge that the examples included in the preceding exceptions are <br />illustrative only and that review of the MountainStar proposal and the MountainStar EIS <br />disc]ose no problem such as those described in the examples . Since the MountainStar <br />proposal precludes development in the geomorphic floodplain, since there is no "taking" of a <br />listed species or its habitat, and since the Master Drainage Plan for MountainStar avoids <br />discharges to streams, the examples included in the exceptions are used solely to describe the <br />type of issue to which the exception could apply.) <br />The County's modification actions under the exceptions listed above shall be Jimited lo the <br />minimum necessary to avoid the consequences described in the exceptions . The parties agree <br />that the County shall advise Trendwest when the County believes any such circumstances arise <br />and consult with Trendwest regarding the proposed modifications. The parties agree to pursue <br />the dispute resolution procedures provided for in this Agreement and the MountainStar MPR <br />Conditions to resolve any dispute regarding modifications under these exceptions to Trendwest's <br />vested rights. For any of these exceptions to Trendwest's vested rights to the Applicable Law <br />under this Agreement, Trcndwest shall have the right; at its sole discretion and expense, to <br />contest any claim or allegation, or to appeal any administrative decision or judicial <br />detennination. that would authorize or require the County to modify Trendwest's vested rights <br />under this Agreement . Trcndwest may also, at its discretion, agree to indemnify the County for <br />the financial consequences of any final and binding decision of an administrative agency or court <br />Suncadia Master Planned Resort Development Agreement (Amended Bild Restated 12-02-2008) P111_re 22