2015/05/06 Council Agenda Packet

1 Everett,WA 98201 Ph. 425.257.8947 If to Grantee: Attn: Zach Dombrow Project Engineer Northwest Division ARRA Construction BNSF Railway Co. 2454 Occidental Ave S#2D Seattle,WA 98134 Ph. 206.625.6491 • Notices shall be deemed effective,if mailed,upon the second day following deposit thereof in the United States Mail,postage prepaid, certified or registered mail,return receipt requested, or upon deliver thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 16.Assignment: Grantee shall not assign its rights hereunder. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of the Grantor. 17. Successors: The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 18. Liability: In the event of any assignment of the rights hereunder,the liability of Grantee and its assignees shall be joint and several. • 19.Venues: It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. 20. Time of Essence: Time.is of the essence of this easement. The failure of a party to insist upon a strict performance of any of the terms, conditions and covenants herein or to exercise any remedy available to it will not be deemed a waiver of any rights or remedies that said party may have and will not be deemed a waiver of any subsequent breach or default in terms,conditions and covenants herein contained. 21. Severability: If any term or provision of this easement or the application thereof to any person or circumstances will to any extent be invalid and unenforceable,the remainder of this easement or the application of such term or provision to persons or circumstances other than those as to • 513R69R9 7 6 55