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7. Indemnification. Kittitas County agrees to indemniff and hold Kinman and their heirs, <br />executors, administrators, legatees, representatives, successors, transferees, and <br />assigns from any and all damages arising from or related to the construction of stream <br />corridor and floodplain improvements based upon the negligence or breach of <br />obligations related to the design, review, approval, permitting, and constructing of <br />such stream corridor and floodplain improvements. <br />8. Satisfaction. Kinman further states and warrants that the payments and terms set forth <br />herein constitute a full and complete satisfaction of the claims against Kittitas County, <br />and that Kinman will not file, pursue, or assert in any way, claims, demands, or causes <br />of action against the Released Parties or any person, persons, or orgarizations in <br />privity with them in connection with their claims against the Cunty or any claims <br />Kinman could have asserted against the County. <br />9. Costs and Fees. The parties shall bear their own costs, attorney fees, and other <br />expenses of litigation in connection with the Claim described above and/or the pursuit <br />or defense of any claims released herein. <br />10. Severability. In the event that any provision or part of thisAgreement and Release shall <br />for any reason be held to be invalid or unenforceable, all remaining provisions shall be <br />unimpaired and enforceable, keeping in mind the intent and purposes of this <br />Agreement. <br />11. Voluntary Signature. It is understood and agreed that this Agreement has been <br />executed knowingly and voluntarily and that Kinman had has fulI opportunity to <br />consult with legal counsel prior to signing this Agreement. This Agreement contains <br />all material terms and conditions of settlement of the parties hereto. The Agreement <br />contains all material terms and conditions of settlement of the parties hereto. The terms <br />of this Agreement are contractual and not merely a recital. <br />12. Entire Understanding. The is Agreement sets forth the entire agreement of the parties <br />and may be modified only by written instrument duly executed by each party. No <br />person in entering into this Agreement is relying upon oral representations made by <br />the opposing parties or by agents or attorneys of the opposing parties. <br />13. Binding Effect. This Agreement is or will be binding upon, and insure to the benefit <br />of, the parties hereto and their respective heirs, legatees, representatives, successors, <br />transferees, and assigns. <br />14. Governing Law. This Agreement shall be governed by Washington law <br />15. No Confidentiality. The parties acknowledge that this Agreement itself is a public <br />record, as are potentially other documents discussing this settlement, and further <br />acknowledges that the PRA will govern if the County received any PRA request(s) <br />encompassing any such documentation. <br />Page 3 of4