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2. As of the Effective Date, Suncadia Resort ratifies, assumes, confirms, and agrees to be <br />bound by the terms, conditions, and obligations to the County of and as otherwise set forth in, the <br />Development Agreement the same as an original signatory thereto. <br />3. The County confirms and agrees that, as of the Effective Date, as approved with terms and <br />conditions by Kittitas County Resolution 202I-_, Suncadia Resort shall be fully vested with and <br />entitled to all rights and entitlements and subject to all obligations as set forth in the Development <br />Agreement and New Suncadia shall be fully and finally released from any and all terms, conditions <br />and obligations as set forth in or, directly or indirectly, related to the Development Agreement <br />without any further recourse by the County. <br />4. Upon its mutual execution, this Agreement shall be placed in the Transfer escrow to be <br />held pending closing, and, failing the closing of the Transfer, the escrow agent shall return all <br />executed originals of this Agreement to the County. <br />IN WITNESS WHEREOF, this Agreement has been entered into by and between New <br />Suncadia, Suncadia Resort, and the County as of the day and year first above written. <br />KITTITAS COUNTY <br />By: Kittitas County Board of Commissioners <br />By: Brett Wachsmith, Chairman Kittitas County Board of Commissioners <br />As authorized by Resolution No. 2021- 10 0 <br />Approved As To Form: <br />Bv, <br />Neil A. Caulkins, Deputy Prosecuting Attorney <br />NEW SUNCADIA, LLC, a Delaware limited liability company <br />By: Suncadia Operating Member, LLC, <br />a Delaware limited liability company, its managing member <br />Agreement Ratifying and Confirming Development Agreement - Page 2 of 3