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RCW 64,04.130 and 84.34.250. As a condition of such transfer, Grantee shall require that the transferee
<br />exemise its rights under the assignment consistent with the Purpose ofthis Easement.
<br />Merger. In the event that Grantee acquires the fee title to all or a portion of the Property subject to this
<br />Easement, it is the intent offs, Parties, both Grantor and Grantee, that no merger offitle shall take place that
<br />would merge the restrictions of this Easement with fee title m the Property, notwithstanding any otherwise
<br />applicable legal doctrine under which such property interests would ormight be merged. As the Parties intend
<br />that no such merger take place, and in view of the public interest in the enforcement of this Easement, the
<br />restrictions on the use of the Property, as embodied in this Easement shall, in the event fee title becomes
<br />vested in Gmntce, become and remain permanent and perpetual mmictions an the use of the Property as
<br />provided for herein. Grantee, as successor in title to Grantor under the circumstances desenbed in the
<br />foregoing sentence, shall observe and be bound by the abligations of Granmr and the restrictions imposed on
<br />the Property by this Easement.
<br />Counterparts. The Parties may execute this instrument in two or more counterparts, which will be signed by
<br />both Parties. Each counterpan shall be deemed an original instmmeut as against any Party who has signed it.
<br />In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.
<br />Effective Date. The effective date of this Easement is the date of recording in the records of Kittitas County,
<br />Washington.
<br />Subordination. At the time of conveyance of this Easement, the Property is trot subject or any Mortgage or
<br />Deed of fast.
<br />Section 13. Liability and Indemnification
<br />Liability and Indemnification. Granmr hereby agrees to release, hold harmless, indemnifg and defend Grantee,
<br />its officers, employees and agents from and against all liabilities, penalties, costs, losses, damages, expenses,
<br />causes of action, claims, dearands,judgments or administrative serious, including, without limitation, reasonable
<br />attomey's and consultant's fees, arising from or in any way connected with (1) injury to or death of any person,
<br />or physical damage to any property, resulting from any act, omiseioa, condition, or other matter related to or
<br />occurring on or about the Protected Property, regardless ofere se, except to the extent caused by the negligent acts
<br />or omissions of Grantee, its officers, employees or agents; (2) the violation or alleged violation of, or other failure
<br />to comply with, any state, federal, or local law, regulation or requirement, including without limitation, CERCLA
<br />and MICA, by say pemon other than Geantee, its officers, employees and agents; or (3) the presence or release
<br />in, on, from, or about the Protected Property, at my time, of any haxmdous aubstances, unless caused solely by
<br />the Grantee.
<br />Section 14. Upkeep, Maintenance, Casts, Legal Requirements, and Liabilities;
<br />Grantor retsins all responsibilities and shall bear all costs and liabilities of my kind related to the ownership,
<br />operation, upkeep, and maintemnce of the Protected Property, including the maintenance of adequate Nobility
<br />insurance coverage as required by Kmitm County Code. Grantor remains solely responsible for obtaining my
<br />applicable governmental permits and approvals for my construction or other activity or use pertained by this
<br />Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable
<br />federal, sate, end local leers, regulations, and requirements.
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