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