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2003/07/30 Council Agenda Packet
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2003/07/30 Council Agenda Packet
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Council Agenda Packet
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7/30/2003
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13 <br /> 29. TERMS SURVIVING TERMINATION OF LEASE: The obligations imposed <br /> on Lessor, Third Party, and Lessee and all provisions of this Lease which may reasonably be <br /> interpreted or construed as surviving the completion or cancellation of the Lease, shall survive <br /> the completion, termination or cancellation of this Lease. <br /> 30. SUBORDINATION: The use of the Site and Tower by Lessee, any heirs, <br /> devisees, transferees, sublessees or assignees of Lessee shall be subordinate to that of the Lessor <br /> notwithstanding any other language set forth in this Lease. <br /> Nothing herein shall be construed to limit or restrict Lessor's use and access to the Site <br /> and Tower. <br /> 31. BENEFITS TO INURE: The provision of this Lease shall inure to the benefit of <br /> and be binding upon Lessee and its successors and assigns, and shall inure to the benefit of and <br /> be binding upon the successors and assigns of Lessor and Third Party. <br /> 32. PROVISION UNENFORCEABLE: If any term or provision of this Lease or the <br /> application thereof to any person or circumstance shall, to any extent, be invalid or <br /> unenforceable, the remainder of this Lease or the application of such terms or provisions to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable shall.not <br /> be affected thereby and shall continue in full force and effect. <br /> 33. DISPLAY OF SIGNS: The display of any political signs within or on the Site or <br /> Tower is prohibited. Further, no signage shall be displayed within or on the Site or Tower <br /> without prior written approval from the City. <br /> 34. SEVERABILITY: Unless otherwise provided, or unless the context shall <br /> otherwise require, words importing the singular number shall include the plural number, words <br /> importing the masculine shall include the feminine gender, and vice versa. <br /> 35. ENTIRE AGREEMENT: This Lease represents the entire agreement between <br /> the parties and supersedes all other agreements and representations made prior hereto. No <br /> amendment hereof shall be binding on either party unless and until approved in writing by all <br /> parties. <br /> 36. GOVERNING LAW AND VENUE: This Lease shall be governed and <br /> construed in accordance with the laws of the State of Washington and venue shall be in <br /> Snohomish County, Washington. <br /> 37. NO PRESUMPTION AGAINST DRAFTER: Lessor, Third Party, and Lessee <br /> understand, agree and acknowledge that this Lease has been freely negotiated by all parties and <br /> that, in the event of any controversy, dispute or contest over the meaning, interpretation, validity or <br /> enforceability of this Lease or any of its terms or conditions, there shall be no inference, <br /> presumption or conclusion drawn whatsoever against either party by virtue of that party having <br /> drafted this Lease or any portion thereof. <br /> Page 17 of 30 8 <br />
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