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(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 /> with one another in pursuing cost recovery claims.
<br /> (iv) Neither party hereto shall pursue a cost recovery claim
<br /> against a potentially liable party through litigation, mediation, or other alternative
<br /> dispute resolution without providing the other party hereto at least 30 days prior written
<br /> notice.
<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
<br /> Seller against potentially liable parties for Hazardous Substances located in, on,or
<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 /> 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
<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. Dispute Resolution. 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
<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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