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16.4 Good Faith and Reasonableness. The parties intend that the obligations of good <br /> faith and fair dealing apply to this Covenant generally and that no negative inference be drawn <br /> by the absence of an explicit obligation to be reasonable in any portion of this Covenant. The <br /> obligation to be reasonable shall only be negated if arbitrariness is explicitly permitted, such as <br /> in the case of a party being allowed to make a decision in its "sole judgment" or "sole <br /> -_-_. discretion." <br /> 16.5 Successors and Assigns. This Covenant shall be binding upon and inure to the <br /> benefit of the heirs, administrators, executors, successors in interest and assigns of each of the <br /> parties hereto except that there shall be no transfer of any interest by any of the parties hereto <br /> except pursuant to the express terms of this Covenant. Any reference in this Covenant to a <br /> specifically named party shall be deemed to apply to any successor, heir, administrator, executor <br /> or assign of such party who has acquired its interest in compliance with the terms of this <br /> Covenant,or under law. <br /> 16.6 Notices. All notices which may be or are required to be given pursuant to this <br /> Covenant shall be in writing and delivered to the parties at the following addresses: <br /> To City: City of Everett <br /> 2930 Wetmore Ave. Ste. 10-C <br /> Everett, WA 98201 <br /> Attention: City Attorney <br /> Fax No.: 425-257-8693 <br /> With a copy to: City of Everett <br /> 2930 Wetmore Ave. Ste. 10-C <br /> Everett, WA 98201 <br /> Attention: Real Estate Manager <br /> Fax No.: 425-257-8856 <br /> To Developer: Touchstone Corporation <br /> 2025 First Avenue, Suite 1212 <br /> Seattle, WA 98121 <br /> Attention: James D. O'Hanlon <br /> Fax No.: (206)727-2399 <br /> With a copy to: Foster Pepper PLLC <br /> 1111 Third Avenue, Suite 3400 <br /> Seattle, Washington 98101 <br /> Attention: Thomas J. Parkes <br /> Fax No.: (206)749-2043 <br /> Any such notices shall be either (a) sent by certified mail,return receipt requested, in which case <br /> notice shall be deemed delivered three (3) days after deposit, postage prepaid in the U.S. mail, <br /> (b) sent by a nationally recognized overnight courier, in which case notice shall be deemed <br /> delivered when actually delivered pursuant to the records of such courier, or(c)sent by facsimile <br /> transmission to the party and its counsel, receipt of which has been confirmed by telephone, and <br /> -20- <br /> 51083924.I <br />