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4 The terms of this Agreement shall be effective as of the date the Park is conveyed <br />by deed to Tukwila, at which time the County authorizes Tukwila to use and possess the land <br />subject to the Easement. This shall be the effective date of this Agreement even if the formal <br />assignment of the Easement has not been accomplished by that date <br />5 In the event it is necessary for the County to incur attorneys' fees, legal expenses <br />or other costs to enforce the provisions of this Agreement as a result of Tukwila's breach of this <br />agreement, all such fees, expenses and costs shall be recoverable from Tukwila. <br />6 In the event a Court of competent jurisdiction determines that RCW 4.24 115 <br />applies to this Agreement, Tukwila agrees to defend, hold harmless and indemnify King County <br />to the maximum extent permitted thereunder In such event, Tukwila agrees to defend, <br />indemnify and hold harmless King County for claims by Tukwila's employees and agrees to <br />waiver of its immunity under RCW Title 51 for the purpose of indemnity only, which waiver has <br />been mutually negotiated by the Parties. <br />below <br />IN WITNESS WHEREOF, Tukwila has executed this Agreement on the date specified <br />THE CITY OF TUKWILA. KING COUNTY <br />By <br />By -Zi1 /f; li k <br />Name &Itve i nliklAtt Name I4a j 7) Pr,, w,, <br />Title Title. r ,t '((ui a Cott. e��4 J �4% 5' �i� <br />Date 0//02J03 Date J0NACii (-1 2CC <br />INDEMNIFICATION AGREEMENT 12 31 -02 <br />2 <br />