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7 <br /> Snohomish County Superior Court. Further, construction and use of the Property if inconsistent <br /> with the terms of this Agreement, all entitlements to the R-5 zone shall be forfeited, and any use <br /> inconsistent with the R-5 zone shall be deemed a violation of the Zoning Code and be subject to <br /> all violation, enforcement and penalty provisions associated with the violation of the City Zoning <br /> Code. <br /> 2.5. Entire Agreement; Amendments. This Agreement, provision found in the <br /> attached Ordinance not withstanding, sets forth the entire agreement of the parties. This <br /> Agreement shall be construed as a whole. No amendment, change or modification of any <br /> provision of this Agreement shall be valid unless set forth in writing and signed by both parties. <br /> 2.6. 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 any <br /> rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to <br /> any extent of such party's right to assert or rely upon any such provisions or rights in that or any <br /> 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 /> and this Agreement shall be construed in all respects as if such invalid or unenforceable <br /> provisions were omitted. <br /> 2.7. Recording; Binding on Successors and Assigns. This Agreement shall be <br /> recorded against the Property and shall be binding upon and inure to the benefit of the respective <br /> successors and assigns of the parties. <br /> 4 <br /> 39 <br />