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201803290405.008 <br /> preclude the exercise by it,at the same time or different times, of any right or remedy for <br /> the same default or any other default by the other party <br /> 9 8 Applicable Law, Jurisdiction This Covenant shall be interpreted under <br /> and pursuant to the laws of the State of Washington In the event any action is brought <br /> to enforce any of the provisions of this Covenant,the parties agree that the sole forum for <br /> such action is the Snohomish County Superior Court for the State of Washington <br /> 9 9 Consents Whenever consent or approval by the City is required under the <br /> terms of this Covenant, all such consents or approvals, if given, shall not be effective <br /> unless given in writing and signed by the Mayor of the City <br /> 9.10 Nonwaiver of Government Rights The parties understand that the City, <br /> by making and entering into this Covenant,is not obligating the City to give governmental <br /> approvals,to take particular action,or to be financially responsible for any obligations of <br /> Owner, except as otherwise expressly set forth in this Covenant <br /> 9 11 Fair Construction, Severability All pronouns and any variations thereof <br /> shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br /> context may require The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Covenant was negotiated and drafted at arms' length so <br /> that the judicial rule of construction to the effect that any ambiguities are to be construed <br /> against the drafting party shall be inapplicable in the interpretation of this Covenant The <br /> provisions of this Covenant shall be construed as a whole according to their common <br /> meaning and consistent with the other provisions contained herein in order to achieve the <br /> objectives and purposes of this Covenant If any term, provision, covenant, clause, <br /> sentence or any other portion of the terms and conditions of this Covenant or the <br /> application thereof to any person or circumstances shall apply, to any extent, become <br /> invalid or unenforceable, the remainder of this Covenant shall continue in full force and <br /> effect,unless rights and obligations of the parties have been materially altered or abridged <br /> by such invalidation or unenforceability <br /> [Signatures on the following page] <br /> 8I ! I <br />