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L. 9 5 gxecution in Counterparts This Covenant may be executed in any <br /> ..4ti nbe;of counterparts and by different parties hereto in separate counterparts,each of <br /> ti.•'':-:aliiolr when so executed shall be deemed to be an original and all of which taken <br /> ,lo4ethei•s'Eial constitute one and the same Covenant <br /> 916 ; .Waiver No waiver by any party of any provision of this Covenant or <br /> airy bre th Hereof sjiall be of any force or effect unless in writing by the party granting <br /> the waver,andAoesiicli..waiver shall be construed to be a continuing waiver The <br /> watvektiytiae party otthcperformance of any covenant,condition,or profuse shall not <br /> invalidate ihts Copeutant r'shall it be considered a waiver by such party of any other <br /> covenanccandition; or.-promise hereunder The waiver by either or both parties of the <br /> time for perforditng•a iy-act.shall not constitute a waiver of the time for performing any <br /> other act or ariadentical.aet•required to be performed at a later time <br /> 9 7 Ruthts-ah Itipida+ersCumulanve Except as otherwise expressly stated <br /> in this Covenant,thb•rrgltta-hndreinedtes of the parties are cumulative,and the exercise <br /> or failure to exercise mie pr'inot'e of'siich rights or remedies by either party shall not <br /> preclude the exercise by'ivii ilie:auie;time qr different times, of any right or remedy <br /> for the same default or any;otlC Idefauk bytfte Other party <br /> 9 8 Applicable taw•.Jurfsdietrbn This Covenant shall be interpreted under <br /> and pursuant to the laws of the Stateaf Washmgxtori'1n the event any action is brought <br /> to enforce any of the provisions or this Covenant,-tlie Baines agree that the sole forum <br /> for such action is the Snohomish County,StipentoYCdurt for the State of Washington <br /> 9 9 Consents Whenever consent`oi apprdval by the City is required under <br /> the terms of this Covenant, all such cdtisents-;or approvals. if given, shall not be <br /> effective unless given in writing and signed by the Mayor odthe City <br /> 910 Nonwaiver of Government Rights..,Thg.Rtirme'understand that the City, <br /> by making and entering into this Covenant, rs not obligating the City to give <br /> governmental approvals, to take particular action, orf to the finattei*ily responsible for <br /> any obligations of Owner,except as otherwise expressly set forth ul this Covenant <br /> 91 I Fair Construction, Severability All pronouns anny'vaczations thereof <br /> shall be deemed to refer to the masculine, feminine or neut d aoksurgi laf pr plwal, as the <br /> context may require The parties hereby acknowledge and agree..ttiat•each,wa's_properly <br /> represented by counsel and this Covenant was negotiated and dr*ed.at;ariSts' lien.gth so <br /> that the judicial rule of construction to the effect that any ainbigtimes-••are to be <br /> construed against the drafting party shall be inapplicable in the mtetptetanon,of this <br /> Covenant The provisions of this Covenant shalt be construed as a whole apc'ordiitg to• <br /> 8 \ <br /> .• <br /> ' <br /> • <br /> (Gj ;? <br />