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7. Title. Grantor does not warrant its title and ownership of the Grantor <br /> Property or the Easement Area nor warranty its right to convey and grant the rights and <br /> privileges herein provided and shall not be liable for defects thereto or failure thereof <br /> 8. Miscellaneous. This Agreement contains the entire understanding of the <br /> parties and supersedes all prior agreements and understandings among the parties relating <br /> to the subject matter of this Agreement. Any modification, amendment, waiver, or <br /> termination of this Agreement shall be valid only if it is in writing in recordable form, <br /> signed by authorized representatives of Grantor and Grantee, and recorded with the <br /> Snohomish County Auditor. Either party's failure to enforce any provision hereof shall <br /> not 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. Any <br /> notice to Grantee is deemed delivered if delivered (by U.S. Mail or otherwise) at the <br /> Grantee Property or to any other location reasonably calculated to give notice to Grantee, <br /> including without limitation taxpayer and owner addresses maintained by the Snohomish <br /> County Auditor. This Agreement may be enforced at law and at equity, including without <br /> limitation enforced by injunction or specific performance. In any litigation regarding the <br /> enforcement of this Agreement, the prevailing party shall be entitled to reasonable <br /> attorneys' fees from the non-prevailing party. <br /> 9. Counterparts. This Agreement may be executed in any number of <br /> counterparts with the same effect as if all signatory parties had signed the same document. <br /> All counterparts shall be construed together and shall constitute one and the same <br /> instrument. <br /> Easement Agreement -4- <br />