3530 COLBY AVE COCOON HOUSE 2020-01-13

provided, however, that no notice of a change of address shall be effectiveuntil actual receipt of such notice. Copies of notices are for informational purposes only,and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. 1 Y All notices to Owner shall also be delivered to Investor. The City shall accept any cure F by Investor as if Made by Owner. i. t. 9.5 Execution in Counterparts. This Covenant may be executed in any i number of counterparts and by different parties hereto in separate counterparts, each of i which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Covenant. f 9.6 Waiver. No waiver by any party of any provision of this Covenant or any f breach thereof shall be of any force or effect unless in writing by the party granting the wavier;and no such waiver shall be construed to be a continuing waiver. The waiver by one party of the performance of any covenant, condition,or promise shall not invalidate this Covenant nor shall it be considered a waiver by such party of any other covenant, condition, or promise hereunder. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. 9.7 Rights and Remedies Cumulative. Except as otherwise expressly stated - in this Covenant,the rights and remedies of the parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either party shall not preclude the exercise by it,at the same time or different times,of any right or remedy for the same default or any other default by the other party. 9.8 Applicable Law; Jurisdiction. This Covenant shall be interpreted under and pursuant to the laws of the State of Washington. In the event any action is brought 1 to enforce any of the provisions of this Covenant,the parties agree that the sole forum for such action is the Snohomish County Superior Court for the State of Washington. { 9.9 Consents. Whenever consent or approval by the City is required under the terms of this Covenant, all such consents or approvals, if given, shall not be effective E unless given in writing and signed by the Mayor of the City. i 9.10 Nonwaiver of Government Rights. The parties understand that the City, by making and entering into this Covenant,is not obligating the City to give governmental approvals,to take particular action, or to be financially responsible for any obligations of - Owner,except as otherwise expressly set forth in this Covenant. - (ia' • 1 r.• I i 1 r