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7 <br /> (Nextel Site#WA0390A) <br /> 3. Voluntary Agreement. The parties have read this Agreement and the releases <br /> contained herein and, on advice of counsel,have freely and voluntarily entered into this <br /> Agreement with full understanding of its terms. <br /> 4. Recitals. The above recitals are an integral and substantive part of this Agreement <br /> and are incorporated herein. <br /> 5. Attorneys' Fees. If either party commences an action against the other party <br /> arising out of or in connection with this Agreement,the prevailing party will be entitled to <br /> • <br /> recover attorneys' fees and expenses from the other. <br /> 6. Successors. This Agreement will be binding upon and inure to the benefit of the <br /> parties hereto and their respective heirs, successors and assigns. <br /> 7. Counterparts. This Agreement may be executed in any number of duplicate <br /> originals or counterparts, each of which will be deemed to be an original, and all of which taken <br /> . together will constitute one and the same agreement. The parties agree that their signatures may <br /> be delivered by fax or email. <br /> 8. Governing Law. The validity, interpretation, construction and performance of this <br /> Agreement will be controlled by and construed under the laws of the state in which the Site is <br /> located. <br /> IN WITNESS WHEREOF,the parties have executed this Lease Termination Agreement <br /> and General Release as of the date and year first above written. <br /> "OWNER" "NEXTEL" <br /> • <br /> City of Everett, Nextel West Corp.,a Delaware Corporation, <br /> a municipal corporation of the d/b/a Nextel Communications <br /> State of Washington • �^ <br /> By: By: <br /> Name: Name: Ijetjep Nasution <br /> Title: Title: Real Estate Manager <br /> 316 <br /> n4.nw:N T)eC.nmm Lace Termination Aereement 05142012 <br />