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Affordable Housing Covenant – Teanaway Court (Kittitas County) Page 3 <br />hereby agrees to pay, indemnify and hold the County harmless from any and all costs, expenses and fees, <br />including all reasonable attorneys’ fees which may be incurred by the County in enforcing this Covenant <br />following any default on the part of the Grantor whether the same shall be enforced by suit or otherwise, <br />provided, however that Grantor shall have no obligation to indemnify the County for or hold the County <br />harmless from any costs, expenses and fees arising from the County’s own negligence, fraud or willful <br />misconduct. <br /> <br />9. The provisions hereof shall not be amended or revised except by an instrument in writing <br />duly executed by the County and by the Grantor or its successor in title and duly recorded. This Covenant <br />shall not be terminated prior to the expiration of the stated term hereof except by instrument executed by <br />the County and duly recorded. <br /> <br />10. This Covenant shall be governed by the laws of the State of Washington. The Grantor, for <br />itself and its successors and assigns, consents to the jurisdiction of the courts of the State of Washington <br />and to venue of any proceedings hereunder in Kittitas County, Washington. <br /> <br />11. Time is of the essence of the Grantor’s obligations hereunder. <br /> <br />12. The invalidity of any clause, part or provision of this Covenant shall not affect the validity <br />of the remaining portions thereof. <br /> <br />13. This Covenant may be executed in one or more facsimile counterparts, each of which shall <br />be deemed the original, but which together shall constitute one and the same instrument. <br />[Signatures on following page.]