3313 OAKES AVE C 2020-07-14 - Laserfiche WebLink

• 4. Indemnity and Hold Harmless.Except for any obligations of Grantor under Section 2 above, Owner and the future owners of Grantee's Property agree to indemnify, defend and hold Grantor harmless from and against any claims, including without limitation third party claims, actions, administrative proceedings, judgments, damages, punitive damages, penalties, fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and expenses, consultant fees, and expert fees, arising from or in connection with their use of the Easement hereunder. 5. Consideration.No consideration is being paid to Grantor for the Easement. 6. Touch,Concern and Length. The Easement shall be perpetual,appurtenant, shall touch and concern the real property described herein,and shall run with the land. 7. General Provisions. a. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the owners of the Grantor's Property and the Grantee's Property and their successors,heirs,assigns,and personal representatives and all persons claiming by,through or under the parties hereto. b.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this Agreement shall be exclusively in the state and federal courts of Snohomish County,Washington. c. Attorneys' Fees. Should an owner of either property described herein initiate legal proceedings to adjudicate any issues arising hereunder or to enforce any term, the party who substantially prevails will be entitled to reimbursement of their reasonable attorneys' fees, costs,and expenses reasonably incurred in preparing to bring suit,during suit,on appeal and in enforcing any judgment or award. d. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by the party against whom enforcement of the modification is sought. e. Waiver. The waiver by a party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. f. Severability. If for any reason any portion of this Agreement shall be held to be invalid or unenforceable,the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement shall remain in full force and effect. g.Merger. The doctrine of merger shall not apply to extinguish the easement rights created herein as a result of common ownership of the dominant and servient estates. [Rest of Page Left Intentionally Blank,Signature Page Follows] • -3