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to amend, modify, supplement, or supersede any of the provisions of the License and,to the extent there may be any conflict or inconsistency between the License or this Declaration, the License shall control. Interested third parties may inquire about the License by contacting either Licensor or Licensee at the address specified below. 2. S ecific Covenants and Obligations of Licensee. Without limitation to the entirety of the terms, conditions, covenants and obligations contained in the License, Licensee expressly acknowledges herein the following covenants and obligations of Licensee and the Licensee Property(collectively, the"Specific Licensee Obligations"), all of which together with the remaining terms, conditions, covenants and obligations contained in the License shall run with and burden the Licensee Property: (a) Licensee's operational and use restrictions in Section 11 of the License; (b) Licensee's indemnification obligations in Section 13 of the License; (c) Licensee's insurance obligations in Section 15 of the License; (d) Licensee's environmental and remediation obligations in Section 17 of the License; and (e) Licensee's obligation to surrender and restore the Premises upon the expiration or termination of the License, as described in Section 24 of the License. 3. Applicability; Remedies. The terms and conditions of this Declaration shall apply in perpetuity and shall touch, concern and run with and burden the Licensee Property and shall inure to the benefit of and be enforceable by Licensor and its successors and assigns, regardless of whether Licensor owns, operates or leases any adjacent properties at the time of the breach of this Declaration. The burden placed on the Licensee Property by the terms and conditions of this Declaration is for the mutual benefit of Licensor, Licensee and their respective successors and assigns. Without limitation to the foregoing, all owners, tenants and other occupants of the Licensee Property or any portion thereof, by their acceptance of their respective deeds, leases, or occupancy of the Licensee Property, agree that the Licensee Property and each portion thereof is subject to this Declaration. Each owner,tenant and occupant of the Licensee Property or any portion thereof agrees to comply with this Declaration and the underlying License and agrees that failure to comply is subject to enforcement and all remedies available at law and in equity. 4. No Waiver. No delay in enforcing the provisions of the terms and conditions of this Declaration with respect to any breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 5. Transfers. Each contract for sale, deed, deed of trust, lease or other instrument which may hereafter be executed with respect to any property situated within the Licensee Property shall be deemed to have been executed, delivered, and accepted subject to all of the provisions contained herein and all such provisions shall,without further action, be incorporated by reference therein, regardless of whether any such instrument specifically refers to or recites all or any part of the terms and conditions of this Declaration. The parties further agree to execute such further documents and take such further actions as may be reasonably necessary or desirable to carry out the parties' intentions under this Declaration. 6. Incorporation.The Recitals at the beginning of this Declaration and the Exhibits attached to this Declaration are incorporated herein by reference and are made a part of this Declaration. 7. Recording, This Declaration shall be recorded in the real property records of the County of Snohomish, State of Washington, and shall run with the land and be binding upon and inure to the benefit of the successors and assigns of the respective parties. 8. Severability. To the maximum extent possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Declaration shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this Declaration. EXECUTED as of the date below each party's signature; to be effective, however, as of the Effective Date set forth above. [Signature pages and exhibits follow] 32330630.2