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The Assignment must assign and delegate Pierce County's rights and duties under the Assessment agreement and the C-PACER Lien to the Capital Provider. The Assignment must include all of the provisions of this Section, stated substantially as follows:

A. Pierce County delegates, and the Capital Provider assumes, all obligations, responsibilities, and duties of Pierce County or its officers, to the extent permitted by law, for billing, collection, and enforcement of annual Assessment payments and the enforcement and foreclosure of the C-PACER Lien.

B. Pierce County has no obligation to defend the C-PACER Assessment or C-PACER Lien against any claim by the holder of any other security interest in the Eligible Property.

C. As provided in the C-PACER Act, billing and collection of C-PACER assessments and delinquent payments and enforcement of the C-PACER Lien are the responsibility of the Capital Provider. The Capital Provider assumes all such contractual and statutory obligations. Pierce County has no obligation to prosecute the foreclosure of a C-PACER Lien on behalf of the Capital Provider.

D. The Capital Provider agrees to indemnify and hold Pierce County harmless for any cost, expense, loss, or damages arising out of the imposition, assignment, recording, enforcement, and foreclosure upon the C-PACER Lien.

(Ord. 2022-12s § 2, 2022)