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<br /> attorneys' and consultants' fees and costs, shall be borne by Grantor, its
<br /> successors or assigns.
<br /> F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this
<br /> Conservation Easement and has consulted or had the opportunity to
<br /> consult with counsel of its terms and requirements. In full knowledge of
<br /> the provisions of this Conservation Easement, Grantor hereby waives any
<br /> claim or defense it may have against Grantee or its successors or assigns
<br /> under or pertaining to this Conservation Easement based upon waiver,
<br /> laches, estoppel or prescription.
<br /> G. Acts Beyond Grantor's Control. Nothing contained in this Conservation
<br /> Easement shall be construed to entitle the Grantee to bring any action
<br /> against Grantor to abate, correct or restore any condition in the Protected
<br /> Property or to recover damages for any injury to or change in the
<br /> Protected Property resulting from causes beyond Grantor's control,
<br /> including fire, flood, storm, and earth movement or the like.
<br /> XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify
<br /> and defend Grantee, its officers, elected and appointed officials, employees and agents
<br /> (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages,
<br /> expenses, causes of action, claims, demands or judgments, including, without limitation,
<br /> reasonable attorneys' and consultants' fees arising from or in any way connected with:
<br /> A. Injury to or the death of any person, or physical damage to any property,
<br /> resulting from any act, omission, condition or other matter related to or
<br /> occurring on or about the Protected Property that is not a consequence of
<br /> an activity of the Indemnified Parties undertaken under the rights granted
<br /> to Grantee under this Conservation Easement;
<br /> B. Violations or alleged violations of, or other failure to comply with, any
<br /> federal, state or local law or regulation relating to pollutants or hazardous,
<br /> toxic or dangerous substances or materials, including without limitation
<br /> CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by
<br /> any person other than any of the Indemnified Parties, in any way affecting,
<br /> involving or relating to the Protected Property, unless such violations or
<br /> alleged violations are due to the sole acts or omissions of any of the
<br /> Indemnified Parties on the Protected Property;
<br /> C. The presence or release in, on, from or about the Protected Property, at
<br /> any time, of any substance now or hereafter defined, listed or otherwise
<br /> classified pursuant to any federal, state or local law, regulation or
<br /> requirement of any substance hazardous, toxic or dangerous to the air,
<br /> water or soil, or in any way harmful or threatening to human health or the
<br /> environment, unless caused solely by any of the Indemnified Parties.
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