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<br /> (ii) Notwithstanding any term of the Agreement to the
<br /> contrary, Buyer shall have the right to pursue and settle claims against potentially liable
<br /> parties other than Seller for reimbursement of remedial action costs and attorney's fees
<br /> it incurs in excess of the Price Reduction_
<br /> (iii) Buyer and Seller shall not share in any recovery of the
<br /> other party's cost recovery claims against any such potentially liable parties,nor shall
<br /> Buyer and Seller,subject to subsection(c)below, bear any costs associated with the
<br /> other party's attempt to recover such costs. Buyer and Seller shall reasonably cooperate
<br /> •
<br /> with one another in pursuing cost recovery claims.
<br /> •
<br /> (iv) Neither party hereto shall pursue a cost recovery claim
<br /> against a potentially liable party through litigation,mediation,or other alternative t
<br /> dispute resolution without providing the other party hereto at least 30 days prior written g
<br /> notice.
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<br /> (c) Seller's Indemnity to Buyer Regarding Cost Recovery Claims. •
<br /> Seller shall release,indemnify,defend(with counsel acceptable to Buyer),and hold
<br /> Buyer harmless from and against any and all Claims and Losses against or incurred by
<br /> Buyer and that arise,directly or indirectly,as a result of cost recovery claims alleged by E
<br /> Seller against potentially liable parties for Hazardous Substances located in,on,or i
<br /> under the Property.This release,indemnification,and hold harmless provision shall
<br /> forever survive closing of the transaction contemplated by the Agreement and the
<br /> delivery and recording of the deed."Claims and Losses" as used herein shall mean any
<br /> •
<br /> and all liabilities(including,without limitation,strict liabilities),claims,actions,causes
<br /> of action, liens,administrative or quasi-judicial proceedings,obligations,debts,
<br /> judgments,awards,damages, losses,costs,expenses,fines,charges,fees,penalties,
<br /> amounts paid in settlement,or other obligations of any kind,known or unknown,
<br /> including reasonable attorneys' fees,directly or indirectly arising out of Hazardous t
<br /> Substances located in,on,or under the Property.Claims and Losses includes,but is not
<br /> limited to,any claims arising under the Model Toxics Control Act,Chapter 70.105D,
<br /> RCW.
<br /> 8. .Disputa Res'oiutic5fl Any dispute that may arise between Buyer and Seller ,
<br /> under this Amendment shall be resolved according to this Section. If Buyer or Seller
<br /> alleges a breach or violation of any provision of this Amendment,it shall provide written t
<br /> notice of the alleged breach or violation to the other party. Buyer and Seller and/or their
<br /> attorneys shall negotiate in good faith as soon as reasonably possible to attempt to resolve
<br /> the dispute. If Buyer and Seller cannot resolve the dispute within thirty(30)days of such
<br /> meeting,the parties shall seek to agree on a mediator to mediate the dispute_The mediation
<br /> shall be nonbinding on Buyer and Seller. In the event the mediation is unsuccessful or
<br /> Buyer and Seller are unable to agree on a mediator and Buyer and Seller are otherwise not
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