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by regular mail, in which case notice shall be deemed delivered on the next business day <br /> following confirmed receipt, or (d)hand delivered, in which case notice shall be deemed <br /> delivered when actually delivered. The above addresses and phone numbers may be changed by <br /> written notice to the other party; provided, however, that no notice of a change of address shall <br /> be effective until actual receipt of such notice. Copies of notices are for informational purposes <br /> only, and a failure to give or receive copies of any notice shall not be deemed a failure to give <br /> notice. <br /> 16.7 Execution in Counterparts. This Covenant may be executed in any number of <br /> counterparts and by different parties hereto in separate counterparts, each of which when so <br /> executed shall be deemed to be an original and all of which taken together shall constitute one <br /> and the same Covenant. <br /> 16.8 Waiver. No waiver by any party of any provision of this Covenant or any breach <br /> thereof shall be of any force or effect unless in writing by the party granting the wavier; and no <br /> such waiver shall be construed to be a continuing waiver. The waiver by one party of the <br /> performance of any covenant, condition, or promise shall not invalidate this Covenant nor shall it <br /> be considered a waiver by such party of any other covenant, condition, or promise hereunder. <br /> The waiver by either or both parties of the time for performing any act shall not constitute a <br /> waiver of the time for performing any other act or an identical act required to be performed at a <br /> later time. <br /> 16.9 Rights and Remedies Cumulative. Except as otherwise expressly stated in this <br /> Covenant, the rights and remedies of the parties are cumulative, and the exercise or failure to <br /> exercise one or more of such rights or remedies by either party shall not preclude the exercise by <br /> it, at the same time or different times, of any right or remedy for the same default or any other <br /> default by the other party. <br /> 16.10 Applicable Law; Jurisdiction. This Covenant shall be interpreted under and <br /> pursuant to the laws of the State of Washington. In the event any action is brought to enforce <br /> any of the provisions of this Covenant, the parties agree that the sole forum for such action is the <br /> Snohomish County Superior Court for the State of Washington. <br /> 16.11 No Joint Venture. Nothing contained in this Covenant shall create any <br /> partnership, joint venture or other arrangement between the City and Developer. The parties <br /> intend that the rights, obligations, and covenants in this Covenant and the collateral instruments <br /> shall be exclusively enforceable by the City and Developer, their successors and assigns. No <br /> term or provision of this Covenant shall be for the benefit of any person, firm, organization or <br /> corporation not a party hereto, and no such other person, firm, organization or corporation shall <br /> have any right or cause of action hereunder, except as may be otherwise expressly provided <br /> herein. <br /> 16.12 Consents. Whenever consent or approval by the City is required under the terms <br /> of this Covenant, all such consents or approvals, if given, shall not be effective unless given in <br /> writing and signed by the Mayor of the City. <br /> -21- <br /> 51083924.I <br />