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the substance of the issue(s) in dispute. If the parties are unsuccessful in resolving the <br /> disputed issue(s) as this subsequent meeting, the parties agree to engage the services of a <br /> mediator who is mutually acceptable and participate in mediation within twenty (20) days <br /> of the subsequent meeting or as soon thereafter as the mediator may be available or at such <br /> later date as the parties may agree. In the event that mediation fails to resolve the issue(s) <br /> in dispute,each party shall be free to seek such other recourse as may be available. Provided, <br /> however,that the sole venue and jurisdiction for dispute resolution shall be in the Snohomish <br /> County Superior Court, in Everett, WA. <br /> 12. With respect to the Easement Area only, this Agreement supersedes and <br /> replaces in its entirety that certain existing easement granted by Grantor to the City dated <br /> August 23,2007,and recorded under AFN 201205180297. Such existing easement remains <br /> in full force and effect outside of the Easement Area. <br /> Executed as of the date hereinabove set forth. <br /> [REMAINDER OF PAGE BLANK; SIGNATURES APPEAR ON FOLLOWING <br /> PAGES] <br /> } <br /> 8 <br />