6200 12TH DR SE 2020-10-22 - Laserfiche WebLink

201803290406.026 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 17 9 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 nght or remedy for the same default or any other default by the other party 17 10 Applicable Law, Junsdiction This Covenant shall be interpreted under and pursuant to the laws of the State of Washington In the event any action is brought 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 17 11 No Joint Venture. Nothing contained in this Covenant shall create any partnership,Joint venture or other arrangement between the City and Developer The parties intend that the rights, obligations, and covenants in this Covenant and the collateral instruments shall be exclusively enforceable by the City and Developer, their successors and assigns No term or provision of this Covenant shall be for the benefit of any person,firm,organization or corporation not a party hereto,and no such other person, firm,organization or corporation shall have any right or cause of action hereunder, except as may be otherwise expressly provided herein. 17 12 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 unless given in writing and signed by the Mayor of the City 17 13 Calculation of Time Unless expressly provided otherwise, all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday,or legal holiday in the State of Washington,the penod shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington 1714 Conflict of Interest No member, official, or employee of the City shall have any personal interest,direct or indirect,in this Covenant,nor shall any such member, official, or employee participate in any decision relating to this Covenant which affects his personal interests or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested No member, official, or employee of the City shall be personally liable to Developer or any successor in interest upon the occurrence of any default or breach by the City or for any amount which may become due to Developer or its successor or on any obligations under the terms of this Covenant