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(2) any breach by City of the covenants,representations or warranties of <br /> City contained in this Agreement(including, without limitation, any schedule, certificate, exhibit <br /> or other instrument delivered or to be delivered by City pursuant to this Agreement). <br /> (c) This mutual covenant is intended to be construed in a manner consistent <br /> with RCW 4.24.115. Without limiting the generality of the foregoing, Buyer and Seller <br /> respectively each assume potential liability for actions brought by any of its employees, agents, <br /> contractors or subcontractors. Indemnity obligations hereunder shall not be limited by any <br /> workers' compensation, benefits or disability laws, and each party waives (as against the other <br /> party to this Agreement,but not as to any employee, worker or third party) any immunity that it <br /> may have under the Industrial Insurance Act, Title 51 RCW, or similar workers' compensation, <br /> benefits or disability laws. The foregoing waiver was mutually negotiated by the parties. <br /> (d) Indemnity obligations hereunder shall survive the respective conveyances <br /> of the Transfer Lots and shall not be terminated by the termination of this Agreement. <br /> (e) The parties agree to cooperate, in good faith, to reasonably accommodate <br /> each other's use and development of the Transfer Lots. <br /> (f) This dedication is a voluntary act by Rinker, offered to mitigate the <br /> modification of development standards described in Part Two of this Agreement. <br /> 1.12 Security/Other Remedies by City. <br /> (a) Recreation Set Aside Parcels. In order to secure the performance by <br /> Rinker of its conveyance obligations in Part One of this Agreement,Rinker will reserve, set <br /> aside free of new development, and provide to the City a deed of trust secured by the property <br /> 2004 Revised Development Agreement <br /> 18 <br /> 8/23/2005 <br />