Everett Public Facilities District 2/28/2002

Section 21.6 Captions. The table of contents, the index and the title or headings to the Articles and Sections of this Lease are not a part hereof and shall have no effect on the construction or interpretation of any term and provisions contained herein. Section 21.7 Recordation. This Lease shall not be recorded but concurrent with the execution of this Lease the parties hereto shall execute a Memorandum of Lease in the form attached hereto as Exhibit E and cause the same to be recorded in the real property records of Snohomish County, Washington. Section 21.8 No Brokers. Neither Lessor nor Lessee has engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Lease. Lessee and Lessor shall indemnify and hold one another harmless against and from any and all claims arising or asserted by any brokers, finders, or real estate agents in connection with this transaction. Section 21.9 Authority. Each party hereto warrants that it has the authority to enter into this Lease and to perform its obligations hereunder and that all necessary corporate action to authorize this transaction has been taken, and the signatories,by executing this Lease, warrant that they have the authority to bind the respective parties. Section 21.10 Further Documents. Upon request, the parties will execute such further documents as may be necessary in order to carry out the intent of this Lease. Section 21.11 Form of Reports. Whenever this Lease requires one of the parties to provide the other party with information, reports, drawings or other records and documents, the parties may by mutual agreement consent to the use of electronic, digital or other form of reproduction in lieu of providing hard written copies of same. Section 21.12 Time of Essence. Time is expressly declared to be of the essence of this Lease. Section 21.13 Amendments. Any amendments, additions or modifications to this Lease shall be in writing, signed by Lessor and Lessee. Neither Lessee nor Lessor shall be bound by any verbal or implied agreements. Section 21.14 Computation of Time. The word "day"means "calendar day"herein, and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified herein. Section 21.15 Approvals, Consents. Wherever in this Lease the approval or consent of a party is required, such approval or consent shall not be unreasonably withheld, delayed or conditioned, except where expressly stated to the contrary in this Lease. Section 21.16 Exhibits. Exhibits A through E attached hereto are hereby incorporated herein and made a part of this Lease, and the term "Lease" shall include all exhibits hereto. 29 GROUND LEASE COE--EPFD