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1. Tukwila and Renton hereby agree that Tukwila shall assign all its right, title, and interest, <br /> and delegate all its obligations responsibilities and duties, in and to the Underpass <br /> Agreement, to Renton. <br /> 2. Renton hereby accepts the assignment of all of Tukwila's obligations responsibilities and <br /> duties under the Underpass Agreement and all of T ukwila's right, title and interest in and <br /> to the Underpass Agreement. <br /> 3. As of the date of execution of this Agreement, Tukwila shall have no further rights, <br /> obligations, and liabilities of any kind whatsoever under the Underpass Agreement, and <br /> the Underpass Agreement, including the terms, conditions, covenants, agreements and <br /> exhibits contained therein, shall be binding only on Renton and BNSF. <br /> 4. Renton agrees to indemnify Tukwila from any and all claims, actions, judgments, <br /> liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of <br /> defense and damages, resulting from Renton's performance on or after the date of <br /> execution of this Agreement. <br /> 5. Pursuant to the foregoing terms and conditions, BNSF hereby grants its consent to the <br /> Assignment and represents and warrants that it shall not raise any claim against Tukwila <br /> in connection with the breach, default, or non performance of the Underpass Agreement <br /> by Renton on or after the date of execution of this Agreement. <br /> 6. This Agreement contains the entire understanding among the Parties hereto with respect <br /> to the matters covered herein and the assignment of the BNSF agreement to Renton <br /> from Tukwila. supersedes and cancels and prior understanding with respect to the matters <br /> covered herein. <br /> 7. No changes, alterations, or modifications to this Agreement shall be effective unless made <br /> in writing and signed by all Parties. <br /> IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. <br /> CITY OF TUKWILA CITY OF RENTON <br /> /RA V �Jt� J&J <br /> Jim erton, Ma�� Denis Law, Mayor <br /> Dat 3-aa Dated <br /> l <br /> Attest/Authenticated: Attest/Authenticated: <br /> ASSIGNMENT AGREEMENT Tukwila and Renton <br /> Strander Blvd /SW 27' St BNSF <br /> Page 2 <br />