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3.3 Notices. Any notice, request, direction or other communication under this <br /> Agreement shall be in writing and shall be delivered by first class mail, properly addressed and <br /> with the required postage, or by facsimile, to the intended recipient at the address included <br /> below. Receipt shall be deemed to have occurred on the date of delivery, on the date of a <br /> confirmed facsimile. <br /> 3.4 Disputes. In the event of any action to enforce this Agreement, for the <br /> interpretation or construction of this Agreement, or on account of any Default or breach of this <br /> Agreement,the parties shall first submit any dispute to mediation. In the event that mediation is <br /> unsuccessful, any party may file a formal legal action. The venue for such action shall be in <br /> Snohomish County Superior Court. <br /> 3.5 Entire Agreement; Amendments. This Agreement sets forth the entire <br /> agreement of the parties and restates and amends the Development Agreement by and between <br /> the parties dated March 28, 2000. This Agreement shall be construed as a whole. No <br /> amendment, change or modification of any provision of this Agreement shall be valid unless set <br /> forth in writing and signed by the applicable parties. <br /> 3.6 Non-waiver; Severability. The failure of either party to insist upon or enforce <br /> strict performance by the other party of any of the provisions of this Agreement or to exercise <br /> any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment <br /> to any extent of such party's right to assert or rely upon any such provisions or rights in that or <br /> any other instance; rather, the same shall be and remain in full force and effect. The invalidity or <br /> unenforceability of any provision of this Agreement shall not affect the other provisions hereof, <br /> 2004 Revised Development Agreement <br /> 29 <br /> 8/23/2005 <br />