Ordinance 2925-06 - Laserfiche WebLink

2.3. Violation—Enforcement. In the event of any action to enforce this Agreement by the City, or on account of any default or breach of this Agreement by The Company, shall leave The Company responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, if construction and use of the Property is inconsistent with the terms of this Agreement, all entitlements to the B-2 (Office) zone shall be forfeited, and any use inconsistent with the B-2 zone shall be deemed a violation of the Zoning Code and be subject to all violation, enforcement and penalty provisions associated with the violation of the City Zoning Code. 2.4. Entire Agreement; Amendments. This Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. 2.5. Non-waiver; Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 2.6. Recording; Binding on Successors and Assigns. This Agreement shall be recorded against the Property and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 4