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4. Release of Claims <br />The parties each release and discharge the other, as well as their respective agents, <br />brokers, attorneys, and representatives, from any and all claims, demands, actions, or <br />liabilities of any kind arising from or related to the Water Rights Purchase and Sale <br />Agreement. <br />5. Return of Documents & Termination of Escrow <br />If applicable, any escrow related to the Purchase Agreement shall be cancelled, and all <br />documents shall be returned or marked void. <br />6. No Admission of Fault <br />Execution of this Agreement is not an admission of fault or liability by either party, but <br />rather a mutual decision to terminate the Water Right Purchase and Sale Agreement. <br />7. Effective Date <br />This Agreement becomes effective upon execution by both Buyer and Seller. <br />8. Attorneys' Fees <br />If either party hereto is required to retain an attorney to enforce any provision of this <br />Agreement, whether or not a legal proceeding is commenced, the substantially prevailing <br />party shall be entitled to reasonable attorneys' fees regardless of whether at trial, on appeal, <br />in any bankruptcy proceeding, arbitration matter or without resort to suit. <br />9. Governing Law <br />This Agreement shall be interpreted, construed and enforced according to the laws of the <br />State of Washington. <br />10. Section Headings <br />The word or words appearing at the commencement of sections and subsections of this <br />Agreement are included only as a guide to the contents thereof and are not to be considered <br />as controlling, enlarging or restricting the language or meaning of those sections or <br />subsections. <br />2 <br />