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9. Title. The Grantor represents and warrants to the City that Grantor is lawfully <br />seized and possessed of the Property and Grantor has a good and lawful right and power to <br />convey this Easement. <br />10. Assignment; Binding Effect. This Agreement and the conditions herein contained <br />shall be covenants running with the land and shall inure to the benefit of and be binding upon <br />the parties hereto and their successors and assigns, including any subsequent owners of the <br />Property. This Easement is freely assignable by the City without the consent of Grantor. <br />11. Termination. The City may terminate this Agreement upon 30 days prior written <br />notice to Grantor. Upon request of Grantor upon such termination, the City will execute a <br />reasonable termination instrument provided by Grantor for recording. <br />12. Miscellaneous. This Easement shall be construed under and governed by the <br />laws of the State of Washington. Any amendment of this Easement shall be binding only if <br />evidenced in writing signed by the Mayor of the City and an authorized representative of <br />Grantor. Either party's failure to enforce any provision hereof shall not constitute waiver <br />thereof in any future instance. If any provision hereof is held to be unenforceable to any <br />extent, such provision shall be enforced to the maximum extent permitted by law and the <br />remaining provisions shall continue in full force and effect. This Agreement shall constitute the <br />entire agreement between the parties and any prior oral understanding or representation of <br />any kind preceding the date of this Agreement shall not be binding upon either party except to <br />the extent incorporated in this Agreement. <br />