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5 <br />4938-7843-1333, v. 1 <br />default specified in the express waiver and th en only for the time and to the extent therein <br />stated. One or more waivers of any breach of any covenant, term, or condition of this Agreement <br />shall not be construed as a waiver of any subsequent breach of the same covenant, term, or <br />condition. <br />(c) Nature of Agreement/No Third Party Rights. The City does not warrant its <br />title or ownership of the Property. The City is not prohibited from granting permission to others <br />to occupy or use portions of the Property where such uses are not inconsistent with this <br />Agreement. The City reserves all rights not expressly granted by this Agreement. This Agreement <br />does not create any rights in any third party. <br />(d) Risk of Loss to Manager’s Property. Manager bears all risk of any and all <br />damage and loss to Manager’s property being on the Property. <br />(e) Entire Agreement; Amendment. This Agreement (and the Grant <br />Agreement) represents the entire agreement between the parties relating to the Property and <br />supersedes all other agreements and representations made prior hereto. No amendment hereof <br />shall be binding on either party unless and until approved in writing by both parties , with the <br />Mayor signing on behalf of the City and a representative of Manager signing on behalf of <br />Manager. <br />(f) Severability. If any provision of this Agreement or any application hereof <br />shall be found to be invalid or unenforceable, for any reason, such provisions shall be enforceable <br />to the maximum extent permitted by law and the remainder of this Agreement and any other <br />application of such provision shall not be affected thereby. <br />(g) Choice of Law and Venue. This Agreement shall be administered and <br />interpreted under the laws of the State of Washington. Exclusive venue for litigation arising from <br />or relating to this Agreement shall be in Snohomish County, Washington. <br />(h) Survivability. All clauses of this Agreement that require performance <br />beyond the expiration of termination of the Agreement shall survive such termination or <br />expiration. <br />(i) Signatures. This Agreement will be signed with AdobeSign, and AdobeSIgn <br />signatures are fully binding. <br />[signatures on following pages(s)] <br />