2010/02/10 Council Agenda Packet

7 TO VERIZON: VERIZON NORHTWEST INC. c/o Nancy Carmichael Dixon CB Richard Ellis Inc./Verizon Account 112 Lakeview Canyon Rd., CA500CW Thousand Oaks, CA 91362 TO CITY: CITY ATTORNEY CITY CLERK REAL PROPERTY MGR. 2930 Wetmore Avenue 2930 Wetmore Avenue 3200 Cedar Street Everett WA 98201 Everett WA 98201 Everett WA 98201 Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery as shown by the addressee's return receipt. If the date on which any notice to be given hereunder falls on a weekend or legal holiday then such date shall automatically be extended to the next business day immediately following such weekend or holiday. The foregoing addresses may be changed by notice given in accordance with this Paragraph 8. 9. Miscellaneous. Verizon shall have the right without the City's consent to assign its rights and obligations under this Agreement. The City shall not assign its rights and obligation under this Agreement without the express written consent of Verizon,which consent may be withheld in Verizon's sole and absolute discretion. This Agreement shall be governed by and interpreted under the laws of the State of Washington. If any action or proceeding is commenced by any party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees and costs in addition to any other relief awarded by the court. As used in this Agreement, the term, "including" shall mean including without limitation. Time is of the essence of this Agreement. The parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the parties may have under applicable law. This Agreement shall insure to the benefit of, and be binding upon,the parties hereto and their respective successors and permitted assigns. -4- \7456498.3 27