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Filed for Record 07t2912025 02:03:22 PM - Kittitas County, WA Auditor - 202507290021 PageT of 37
<br />ambiguous, an interpretation consistent with the Prqpose that would render the provision valid will be
<br />fbvored over any inter,pretation that would rsuder it invalid
<br />3. Severability-Entirc AEeement-No Forfeiture. tf any provision of 0ris Ease,menl or its'application to
<br />any persotror circrrmstance, is foud to be inyali4 the remainder of the provisions of this Easement
<br />ani ihe application of such provision to any other persons or in any other circumstanc€s shall renain
<br />valid, This instrument sets iorth the entire agreernent of the Parties with respect to the Property arrd
<br />supersedes all prior discussions, negotiations, understandings, or agrcements relating to the Property'
<br />all ofwhich are me,rged into this Ease'nenl
<br />4. Assignmenr This Eieurent is tansferable, but Grantee may ass@ its rights and obligations under this
<br />fasient, with Grantors written approval, only to Grantee's judicially appointed suocessor or a
<br />p"tirc-fy *pp"t .d, tax-exempt noirprott organization, qualified under Sections 501(cX3) and 170(h)
<br />ofthe Intemal Revenue Corte of 1986, as amended, and also qualified as a nonprofit nature
<br />conservmcy corporation under RCW 64.04.130 and 8434.250. As a condition ofsuoh fansfer, Grantee
<br />shall reqgiri thai tho tansferee exercise its rights under the assignmeni consistent with the Purpose of
<br />this Easement.
<br />5. Merger, ln the event tbat Grantee acquires the fee title to all or a portion ofthe Property subject to this
<br />Easetent, it is the intent ofthe Partiis, both Grantor and Granteq that no merger of title shall take
<br />-
<br />place tbat would merge the restictions of this Easernent with fee title to the hoperty,notwithstanding
<br />any othcrwise applica-tle legal doctrine rmilcr rryhich such propglty intercsts would or might be merged'
<br />As the Parties intend that no zuch mcrger take place, and in view of tbe public interest in the
<br />enforcement of this Easemenl the resbictions on the use of the Propert5l, as cmbodied in lhis Easement
<br />shall, in the event fee title becomes vested in Grantee, become and remain permanent and perpetual
<br />restictions on the use ofthe Propirty as provided for herein, Grantea, as successor in title to Grantor
<br />under the circumstmces describfo in the foregoing sentencq $ball observe and be bound by the
<br />obligations ofGrantor and the reshictions imposed on lhe Property by this Easement.
<br />6. Counterparts, the Parties may execute thrs insfiument in two or more counterParts, v/iich will be
<br />signed Uy Uottr partles. Each Lrdcrpart shall be deemed an original instnrment as against any Parry
<br />urho U"" ,ign d iL In the event of ani Oisparity tetweetr the couteqparts produced, the recorded
<br />counterpart shall be contolling.
<br />7. EffectiveDate.TheefectivedateofthisEasementis&edateofrecordingintherecordsofKittitas
<br />County, Washington.
<br />g. SuUoiii""tioo. .It the time of conveyance of rhis Easemen! the Property is not subject to any Mo4gage
<br />or Deed ofTrust'
<br />Section 13' Liability anil Indemnification
<br />Liabilig and Indemnification, Grantor hereby agrees to release, bold harmlesst indemni$' and defend Grantee'
<br />its officers, employees and agents fiom and against all liabilities, penalties, costs, losses, damages' expenses'
<br />caus$ of action, claims, demands, judgments or administrative actions, including, without limitation'
<br />reasonable attomey,s and consultant's fees, arising from or in any way connected wilh (l) injury lo or death of
<br />any p€rson, or physical damage to any proPerty, resulting fiom my act, omission' condition, or other matter
<br />related to or occurring on or about the Protected Property, regardless ofcause, q(cept to the extent caused by lhe
<br />negligent acts or omissions of Grantee, its officers, employees or agents; (2) the violation or alleged violation
<br />o{, or ottrer failure to comply with, any state, federal, or local law, regUtation or requirement, including without
<br />limitation, GERCLA and MTCA, by any person other than oranteg its officers, ernployees and agents; or (3)
<br />the presence or release in, or! frOm, or about the Protected Property, at any tirnq ofany hazardous substanceg
<br />unless caused solely by the Grantee.
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