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11.2 Default by Buyer. <br /> IN THE EVENT THE BUYER FAILS, WITHOUT LEGAL <br /> EXCUSE, TO COMPLETE THE PURCHASE OF THE <br /> PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO <br /> THE SELLER AS THE SOLE AND EXCLUSIVE REMEDY <br /> AVAILABLE TO THE SELLER FOR SUCH FAILURE. <br /> CoC <br /> Seller Initials BTir Init a s <br /> 12. Notices; Time. <br /> 12.1 Notices. All notices shall be in writing and shall be (1) personally <br /> delivered, (2) sent by U.S. Mail to the addressee's mailing address set forth below, or (3) <br /> sent to the addressee's email address(es) below. Either party hereto may, by proper <br /> notice to the other, designate any other address for the giving of notice. Any notice shall <br /> be deemed effective upon earlier of actual receipt or three (3) days after mailing or <br /> emailing. <br /> Seller: City of Everett <br /> Real Property Manager <br /> 3200 Cedar Street <br /> Everett, WA 98201 <br /> Buyer: Haack Brothers INC. <br /> 3922 87th AVE NE <br /> Marysville, WA. 98270 <br /> 12.2 Calculation of Time Periods. Time is of the essence of this <br /> Agreement. Unless otherwise specified, in computing any period of time described in <br /> this Agreement, the day of the act or event after which the designated period of time <br /> begins to run is not to be included and the last day of the period so computed is to be <br /> included, unless such last day is a Saturday, Sunday or legal holiday. The final day of <br /> any such period shall be deemed to end at 5 p.m., Pacific Standard or Daylight time, as <br /> applicable. <br /> 13. General. <br /> 13.1 This is the entire agreement of Buyer and Seller with respect to the <br /> matters covered hereby and supersedes all prior agreements between them, written or <br /> oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any <br /> waivers hereunder must be in writing. <br /> 9 <br />