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• <br /> 2 <br /> (2) Any breach by the City of the covenants,representations, or <br /> warranties of the City contained in this Amendment(including,without <br /> limitation,any schedule, certificate, exhibit, or other instrument delivered or to be <br /> delivered by the City pursuant to this Amendment). <br /> (c) Mutual Covenant. This mutual covenant is intended to be construed in a <br /> manner consistent with RCW 4.24.115. Without limiting the generality of the foregoing, Owner <br /> and City,respectively, shall each assume potential liability for actions brought by any of its <br /> employees, agents, contractors, or subcontractors. Indemnity obligations hereunder shall not be <br /> limited by any workers' compensation,benefits, or disability laws, and each party waives (as <br /> against the other party to the Development Agreement,but not as to any employee, worker or <br /> third party) any immunity that it may have under the Industrial Insurance Act, Title 51 RCW, or <br /> similar workers' compensation,benefits, or disability laws. The foregoing waiver was mutually <br /> negotiated by the parties. <br /> (d) Survival. Indemnity obligations hereunder shall survive the Transfer Lot <br /> Group Closing Date and the Transfer Lot 3 Closing Date,as applicable and such obligations <br /> shall not be terminated by any intervening termination of the Development Agreement. <br /> (e) Cooperation. The parties agree to cooperate, in good faith,to reasonably <br /> accommodate each other's use and development of Lot 1,Lot 2, and Transfer Lot 3. The City by <br /> this Section is not promising to support any particular change to Part Two of this Agreement, or <br /> to make any changes with respect to land use controls or zoning. <br /> 1.12 Security,Escrow,and Remedies by City. <br /> (a) Security. The security for the obligations of the Owner under this <br /> Amendment are as follows: <br /> 19 <br /> 131047136.14 <br /> 26 <br />