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instrument as against any Party who has signed it. In the event of any disparity between
<br />the counterparts produced, the recorded counterpart shall be controlling.
<br />7. Effective Date. The effective date of this Easement is the date of recording in the records
<br />of Kittitas County, Washington.
<br />8. Subordination. At the time of conveyance of this Easement, the Property is not subject to
<br />any Mortgage or Deed of Trust.
<br />Section 13. Liability and Indemnification
<br />Liability and Indemnification. Grantor hereby agrees to release, hold harmless, indemnify, and
<br />defend Grantee, its officers, employees and agents from and against all liabilities, penalties,
<br />costs, losses, damages, expenses, causes of action, claims, demands, judgments or
<br />administrative actions, including, without limitation, reasonable attorney's and consultant's fees,
<br />arising from or in any way connected with (1) injury to or death of any person, or physical
<br />damage to any property, resulting from any act, omission, condition, or other matter related to or
<br />occurring on or about the Protected Property, regardless of cause, except to the extent caused
<br />by the negligent acts or omissions of Grantee, its officers, employees or agents, in which case
<br />the Grantee shall indemnify, defend and hold Grantor harmless from any third party claims
<br />against Grantor; (2) the violation or alleged violation of, or other failure to comply with, any state,
<br />federal, or local law, regulation or requirement, including without limitation, CERCLA and MTCA,
<br />by any person other than Grantee, its officers, employees and agents; or (3) the presence or
<br />release in, on, from, or about the Protected Property, at any time, of any hazardous substances,
<br />unless caused solely by the Grantee.
<br />Section 14. Upkeep, Maintenance, Costs, Legal Requirements, and Liabilities
<br />Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the
<br />ownership, operation, upkeep, and maintenance of the Protected Property, including the
<br />maintenance of adequate liability insurance coverage. Grantor remains solely responsible for
<br />obtaining any applicable governmental permits and approvals for any construction or other
<br />activity or use permitted by this Easement, and all such construction or other activity or use shall
<br />be undertaken in accordance with all applicable federal, state, and local laws, regulations, and
<br />requirements. Grantor shall keep the Protected Property free of any liens arising out of any work
<br />performed for, materials furnished to, or obligations incurred by Grantor.
<br />Grantee specifically and expressly waives any immunity that may be granted it under the
<br />Washington State Industrial Insurance Act, Title 51 RCW. Grantee's indemnity obligations under
<br />this TDRE shall not be limited by any limitation on the amount or type of damages,
<br />compensation, or benefits payable to or for any third party under the Worker Compensation
<br />Acts, Disability Benefit Acts or other employee benefit acts. Grantee's indemnity obligations
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