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WATERLINE EASEMENT AGREEMENT <br /> this Agreement that legally describes and depicts the relocated easement; PROVIDED that <br /> said amendment shall not diminish the purpose of this Agreement or the rights and <br /> obligations herein. <br /> 10. The parties acknowledge that the easement (described in Exhibit A) and <br /> Grantor's property(described in Exhibit C) sit atop a former landfill.This Agreement shall in <br /> no way waive or modify the parties' responsibilities and obligations regarding the landfill. <br /> 11. The rights and obligations of Grantor and the City shall inure to the benefit of <br /> and be binding upon their respective heirs, successors, and assigns. <br /> 12. This Agreement may be changed, modified, or amended in whole or in part only <br /> by a recorded agreement executed by Parties, or as provided in Section 8. <br /> 13. This Agreement shall be governed by and construed in accordance with the laws <br /> of the State of Washington. <br /> 14. If any portion of this Agreement is held to be invalid or unenforceable, the <br /> invalidity or unenforceability of that portion will not affect any other portion of this <br /> Agreement and the remaining portions of this Agreement will remain in full force and effect. <br /> 15. This Agreement constitutes the entire understanding and agreement between <br /> the Parties as to the matters specifically dealt with herein, and supersedes any and all prior <br /> agreements, oral or otherwise, relating to said matters. <br /> 16. This Agreement may be executed and delivered in any number of counterparts, <br /> each of which when so executed and delivered shall be deemed an original, and such <br /> counterparts shall together constitute one and the same instrument. <br /> [Signatures on following pages.] <br /> {04142897.DOCX;1 } 5 <br />