McDonald's Corporation 11/12/2019

deterioration of the Construction Easement Area or Grantor's Property, then Grantor will be entitled to: (1)terminate this Agreement; (2) seek specific performance; (3)exercise any other remedies available at law or in equity against Grantee and/or Grantee's Parties; and/or (4) cure such failure or breach on behalf of Grantee and collect without contest from Grantee, upon delivery of an invoice, the actual costs for the cure plus an administrative fee of 25% of such costs together with interest at the lower of (a) the rate of 10% per annum, or (b) the maximum rate permissible from time to time under applicable law, from the date such cost was incurred to the date of payment in full. The exercise of any or all remedies in this Section will not preclude the exercise of any other remedies. 11. Notice. All notices under this Agreement will be in writing and sent by U.S. certified mail return receipt requested or nationally recognized overnight courier. If intended for Grantee, the notice will be sent to City of Everett, Attention: Darcie Byrd, Assistant Real Property Manger / Facilities/Property Management, City of Everett, 3200 Cedar Street, Everett, WA 98201 and if intended for Grantor, the notice will be sent to McDonald's Corporation, 110 N. Carpenter Street, Chicago, IL 60607, Attn: Director, US Legal Department, L/C: 46-0194 with a copy to McDonald's USA, LLC, 2999 Oak Road, #900, Walnut Creek, CA 94597, L/C: 46-0194, Attn: Eileen Baker. Any party may lodge a change of address by sending notice of such change to the other party in the manner provided under this Section. Each notice will be deemed to have been given at the time it is deposited in the United States Mail or with the overnight courier. 12. Survival of Obligations. Grantee's obligations under this Agreement will survive the expiration or earlier termination of this Agreement. 13. No Grantor's Expense. Neither Grantor nor Grantor's Parties are required to perform any activity or incur any expense for any purpose under this Agreement, except as otherwise expressly stated in this Agreement. 14. Captions. Captions to the sections in this Agreement are included for convenience only and do not modify any of the terms of this Agreement. 15. Binding Effect. The easement and the rights and obligations granted herein will run with and bind Grantor's Property for the Term, and will inure to the benefit of and bind Grantee and its successors, assigns, agents, employees, contractors, subcontractors and personal representatives during the Term. 16. Severability. If any one or more of the provisions set forth in this Agreement is held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such provision never existed. 17. No Waiver. No waiver by Grantor of any term, covenant or condition under this Agreement will be effective or binding upon Grantor unless given in the form of a written instrument signed by Grantor, and no such waiver will be implied from any omission by Grantor to take action with respect to such term, covenant or condition. 18. Waiver of Trial By Jury. Grantor and Grantee each knowingly, voluntarily and intelligently waive any rights that it may have to a trial by jury with respect to any lawsuit Document#1746709v3 -5-