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11/30/2020 Landmark Web Official Records Search <br />ordinances or resolutions require special handling or notification in its collection, storage, <br />treatment or disposal. <br />4. Terrrn of Covenant. This Covenant is effective as of the date of last signature. This <br />Covenant terminates effective upon the earlier of (A) written notice of termination from the City <br />to Riverview or (B) January 1, 2021. However, the Covenant may be extended for additional <br />time upon mutual agreement of the parties in order to complete the Cleanup, and any propsoed <br />extension of the Covenant shall not be unreasonably delayed, conditioned or withheld by either <br />party. Section 3 of this Covenant survives termination. <br />5. General Provisions. <br />A. Binding Effect. The rights and obligations of the Riverview and the City <br />and under this Covenant run with the land and inure to the benefit of the public and City and the <br />City's successors, and are binding upon Riverview, its successors and assigns and each and every <br />person who at any time has any ownership interest in the Riverview Property. <br />B. Governing Law. the laws of the State of Washington, without giving effect <br />to principles of conflict of laws, govern all matters arising out of or relating to this Covenant. <br />C. Venue. Any litigation arising from or relating to this Covenant may only be <br />brought before the Snohomish County Superior Court. <br />D. Complete Agreement/Relationship to Retaining Wall Easement and City, <br />Permits. Except for the ROW Use Permit and conditions and other requirements in City permits, <br />this this Covenant supersedes and replaces all other written or oral agreements thereto between <br />Riverview and the City. Riverview's obligations under this Covenant, the ROW Use Permit and <br />City permits are cumulative. In the event or overlap or conflict between. such Riverview <br />obligations under this Covenant, the Retaining Wall Easement and/or City permits, the <br />obligation(s) most stringent on Riverview shall apply. <br />E. Amendment/Termination. No amendment to or termination of this <br />Covenant will be effective unless it is in writing and signed by Riverview and the City. <br />P. Waiver. No waiver of satisfaction of any condition or nonperformance of <br />an obligation under this Covenant will be effective unless it is in writing and signed by the party <br />granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other <br />condition or nonperformance of any other obligation. <br />G. Notice. For a notice under this Covenant to be valid, it must be in writing <br />and the sending party must use one of the following methods of delivery: (a) personal delivery to <br />the address stated below; (b) first class postage prepaid U.S. Mail to the address stated below; or <br />(c) nationaily recognized courier to the address stated below, with all fees prepaid. <br />4 <br />a <br />• <br />https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/8 <br />