2020/07/29 Council Agenda Packet

herein, whether by operation of law or otherwise, shall be valid without the prior written consent of the Grantor. 21. Successors: The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 22. Liabilit In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. 23. Venues: It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. 24. 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. 25. 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 which it is invalid or unenforceable will not be affected thereby, and each remaining term of this easement will be valid and be enforced to the extent permitted by law. 26. Modification: Any modification of this Agreement must be in writing and signed by the parties. Grantor shall not be bound by any oral representations or statements. 27. Non -Waiver: The waiver by Grantor of any breach or the failure of Grantor to require strict compliance with any term herein shall not be deemed a waiver of any subsequent breach. [Signatures and acknowledgments on following pages) Easement at Kasch Park Road Page - 9