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monetary encumbrances. The City acknowledges and agrees that it is taking the Easement <br /> without any other title warranty from Grantor. <br /> 7. Assignment; Binding Effect. This Agreement and the Easement hereunder and the <br /> conditions herein contained shall be covenants running with the land and shall inure to the <br /> benefit of and be binding upon the parties hereto and their successors and assigns, including any <br /> subsequent owners of the Property. <br /> 8. Miscellaneous. This Agreement shall be construed under and governed by the <br /> laws of the State of Washington. Either party's failure to enforce any provision hereof shall not <br /> constitute waiver thereof in any future instance. If any provision hereof is held to be <br /> unenforceable to any extent, such provision shall be enforced to the maximum extent <br /> permitted by law and the remaining provisions shall continue in full force and effect. <br /> [signatures follow] <br /> 128399350.6 0073013-00075 <br />