Raymond & Jackeline Keasey 12/11/2024

Section 9. Waiver of Hearing, Claims, Defenses and Objections. In the event the City takes any action pursuant to Section 8 and/or otherwise enforces this Agreement, the Owner agrees that the Owner shall be, to the maximum extent allowed by law, deemed to have waived any and all claims, legal defenses and objections with respect thereto, including but not limited to the defenses of laches, estoppel, and statutes of limitation. The Owner further expressly waives, to the maximum extent allowed by law, the benefit of any processes or procedural rights, specifically including without limitation any right to a hearing, set forth in any provision of the United States Constitution, the Washington Constitution, the Revised Code of Washington, the Washington Administrative Code and the Everett Municipal Code with respect to any such action by the City. Section 10. Indemnification. The Owner shall fully indemnify, protect, defend and hold harmless the City, its officers, employees and agents (collectively referred to in this section as "the City") from and against any and all claims, injuries, liabilities, costs, losses and causes of action, including attorneys' fees, arising out of or otherwise connected directly or indirectly with the Owner's actions under and/or breach of this Agreement, and any remedial, corrective or enforcement action taken by the City in response thereto. The Owner's obligations under this section expressly include without limitation any personal injury or property damage arising out of or connected with the City's entry onto the Property for purposes of inspection, compliance verification, and/or abatement activities which are caused by the fault of Owner, as well as the disposal of any items or materials removed from the Property pursuant to this Agreement. Section 11. Signatory Warranties. Each Owner signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the Owner, and that he or she will defend and hold harmless the City from any claim that he or she was not fully authorized to execute this Agreement on behalf of the Owner. Section 12. Recording; Binding Effect. Upon mutual execution, this Agreement shall have been duly entered into by the parties, shall constitute as against each party a valid, legal, and binding obligation, and shall be enforceable against each party in accordance with the terms hereof. This Agreement is a final, binding agreement, it is not a settlement agreement, and its contents are not subject to appeal. This Agreement may be recorded with the Snohomish County Auditor's Office, shall be deemed to run with the land, and shall fully bind all future owners of the Property. Section 13. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Exclusive venue for any action arising out of or relating to this Agreement shall lie in the Snohomish County Superior Court. Section 14. Integration; Modification. All attachments, if any, to this Agreement are hereby incorporated herein by this reference as if set forth in full. This Agreement, inclusive of Page 6 of 7 (EFM4857-0343-9607;1/13113.000011/}