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2 <br /> Notice. Unless otherwise specified herein, any notices required or permitted under this <br /> Agreement may be delivered personally, sent by facsimile machine or mailed certified,return <br /> receipt requested,to the following addresses or to such other place as the parties hereafter <br /> direct. Notice will be deemed given upon delivery or upon confirmation of facsimile, <br /> whichever is applicable. <br /> To State: To Exchanger: <br /> DEPARTMENT OF NATURAL RESOURCES City of Everett <br /> 919 North Township Street 3200 Cedar Street <br /> Sedro-Woolley,WA 98284 Everett, WA 98201 <br /> Integrated agreement; modifications. This Agreement constitutes the entire agreement and <br /> understanding of the parties with respect to the subject matter of the Agreement and <br /> supersedes all prior negotiations and representations. This Agreement shall not be modified <br /> except by written approval of both parties. The parties agree to execute any additional <br /> documents reasonably necessary to effectuate the provisions and purposes of this Easement. <br /> Severability.. If any provision of this Agreement is held to be invalid or unenforceable, it <br /> shall not affect the validity of any other provision herein, and to this end the provisions of this <br /> Agreement are declared to be severable. If any such invalidity becomes known or apparent to <br /> the parties,the parties agree to negotiate promptly in good faith in an attempt to amend such <br /> provision as nearly as possible to be consistent with the intent of this Agreement. <br /> Waiver. Failure of either party to insist upon the strict performance of any of the terms and <br /> conditions of this Agreement, or failure to exercise any rights or remedies provided in this <br /> Agreement or by law, or to notify the other party in the event of breach, shall not release the <br /> other party of any of its obligations under this Agreement, nor shall any purported oral <br /> modification or rescission of this Agreement by either party operate as a waiver of any of the <br /> terms hereof. No waiver by either party of any breach, default, or violation of any teiin, <br /> warranty, representation, agreement, covenant,right, condition, or provision of this <br /> Agreement shall constitute waiver of any subsequent breach, default, or violation of the same <br /> or other term,warranty,representation, agreement, covenant,right, condition, or provision. <br /> Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit <br /> of the parties,their successors and assigns. <br /> Construction. The terms of this Agreement shall be given their ordinary meaning unless <br /> defined herein and shall not be presumptively construed against either party. <br /> Exhibits. All exhibits referenced in this Agreement are incorporated as part of the <br /> Agreement. <br /> Easement Exchange Page 9 of 20 Easement No.55-090098;50-090097 <br /> 17 <br />