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Filed for Record 07t28t2025 09:06:15 AM - Kittitas County, WA Auditor - 202507280008 Page 8 of 23
<br />instrument as against any Party who has signed it. ln the event of any disparity between
<br />the co.unterparts produced, the recorded counterpart shall be conlrolling.
<br />7. Effective Date. The effective date of this Easement is the date of recording in the records
<br />of Kittitas CountY, Washington.
<br />g. Subordination. At the tinie of cbnveyance of this Easement, the Property is not subject to
<br />any Mortgage or Deed of Trust'
<br />Section 13. Llablli$ and tndemnlficatlon
<br />Liability and lndemnification. Grantor hereby agrees to release, hold harmless, indemniff, and
<br />defend Grantee, its officers, employeei and agents from and against all liabilities, penalties,
<br />costs, losses, damages, expenses, causes of action, claams, demands, judgments or
<br />idministrative actions, including, without limitation, reasonable attorney'E and consultant's fees,
<br />iflsing from or in any way connected w1h (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 />o..urring'on or about the Protected Piopefi, regardless of cause, except to the extent caused
<br />by:the negligent acts or ornissions of Grantee, its officers, €ftployees or agents, in which case
<br />the Grantee shall indemniff, defend and hold Grantor harmleis fiom any third party claims
<br />against Grantor; (2) the violation or alleged violation of; Qr other failure to comply with, any state'
<br />federal, or tocal law, regulation or requirement, includihg without limitation, CERCIA and MTCA'
<br />by any person othqi 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 />secllon 14. Upkeep, Maintenance, costs, Legat Requirements, and Liabilities
<br />Grantor retains all rgsponsibilities and ihall 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 insuranie coverage' Grantpi remains solely responsible for
<br />obtaining any appliCable governmental permits and approvalg 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 />requiremgnts. Granter shall keep the Prdtected Property free of any liens aiising out of any work
<br />performed for, materials furnished to, or obligations incurred by Grantor.
<br />brantee specifically and expressly waives any lmmunity that may be granted it under the
<br />Washington State lndustrial lnsurance Act, Title 51 RCW. Grantee's indemnity obligations under
<br />this Tonr shall not be limited by any limitation on the amount or type of damages'
<br />,cornpensation, or benefits payable to or for any third party under the Worker Compensation
<br />Acts, Disability Benefit Acts or other employee beneflt acts. Grantee's indemnity obligations
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