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Section 9. Indemnification. The Owner shall fully indemnify, protect, defend and <br />hold harmless the City, its officers, employees and agents (collectively referred to in this section <br />as "the City") from and against any and all claims, injuries, liabilities, costs, losses and causes of <br />action, including attorneys fees, arising out of or otherwise connected directly or indirectly <br />with the Owner's actions under and/or breach of this Agreement, and any remedial, corrective <br />or enforcement action taken by the City in response thereto. The Owner's obligations under <br />this section expressly include without limitation any personal injury or property damage arising <br />out of or connected with the City's entry onto the Property for purposes of inspection, <br />compliance verification, and/or abatement activities, as well as the disposal of any items or <br />materials removed from the Property pursuant to this Agreement. <br />Section 10. Signatory Warranties. Each Owner signatory to this Agreement represents <br />and warrants that he or she has full power and authority to execute and deliver this Agreement <br />on behalf of the Owner, and that he or she will defend and hold harmless the City from any <br />claim that he or she was not fully authorized to execute this Agreement on behalf of the <br />Owner. <br />Section 11 Recording; Binding Effect. Upon mutual execution, this Agreement shall <br />have been duly entered into by the parties, shall constitute as against each party a valid, legal, <br />and binding obligation, and shall be enforceable against each party in accordance with the <br />terms hereof. This Agreement is a final, binding agreement, it is not a settlement agreement, <br />and its contents are not subject to appeal. This Agreement may be recorded with the <br />Snohomish County Auditor's Office, shall be deemed to run with the land, and shall fully bind all <br />future owners of the Property. <br />Section 12 Governing Law and Venue. This Agreement shall be governed by and <br />construed in accordance with the laws of the State of Washington. Exclusive venue for any <br />action arising out of or relating to this Agreement shall lie in the Snohomish County Superior <br />Court. <br />Section 13 Integration; Modification. All attachments to this Agreement are hereby <br />incorporated herein by this reference as if set forth in full. This Agreement, inclusive of such <br />attachments, contains the entire understanding between the parties with respect to the subject <br />matter hereof and shall not be modified, amended or terminated in any way, except by a <br />writing signed by the parties hereto. <br />Section 14. Non -waiver. Failure by the City to enforce a breach of any provision of <br />this Agreement shall not be construed as a waiver of that or of any other provision hereunder. <br />Section 15. Joint and Several Liability. Each Owner shall be jointly and severally <br />responsible and liable for compliance with all applicable provisions of this Agreement. <br />Page 5of6 <br />