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TERM/BINDING EFFECT. This agreement shall run with the land, and shall be <br />binding on CHILTON's heirs, successors, and assigns. This agreement shall <br />remain in full force and effect unless canceled or modified with the unanimous <br />consent of both parties. <br />6. TIME OF ESSENCE. Time is of the essence for each of the terms, covenants <br />conditions of this agreement, <br />7. INDEMNIFICATION. Each party shall indemnify, defend, and hold the other, <br />their respective officers, agents and employees, harmless from and against all <br />claims, actions, liabilities, costs, including attorney fees and other costs of <br />defense, or any appeal or review thereof, arising out of or in any way related to tl <br />party's performance under this agreement, the party's failure to strictly comply <br />with any provision of this agreement, or any other actions or failure to act by the <br />party, the party's employees, agents, officers and contractors as such acts or <br />omissions relate to this agreement. <br />8. ATTORNEY FEES. In the event any legal proceeding is commenced.for the <br />purpose of interpreting or enforcing any provision of this agreement, the <br />prevailing party in such proceeding shall be entitled to recover reasonable attorr <br />fees in the proceeding, or any appeal or review thereof, to be set by the court <br />without the necessity of hearing testimony or receiving evidence, in addition to <br />the costs and disbursements allowed by law. In addition, in the event of default <br />by either party in performance of this agreement, the defaulting party agrees to 1 <br />all reasonable attorney fees and legal expenses incurred by the non-defaulting <br />party in collecting any sums due hereunder, even though no litigation is filed. <br />9. MERGER/AMENDMENT. There are not other undertakings, promises or <br />agreements, either verbal or in writing other than those which are contained in thi <br />agreement which affect the provisions of this agreement. Any amendments to thi <br />agreement shall be in writing and executed by both parties. <br />10. APPLICABLE LAWS/JURISDICTION. The laws of the State of Oregon shall <br />used in construing this agreement and enforcing the rights and remedies of the <br />parties. The parties further agree that jurisdiction over this agreement and matt <br />relating thereto shall be in the courts of the State of Oregon. <br />Page 3 - Storm Water Maintenance Agreement <br />