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execute this agreement on behalf of themselves and the parties to <br /> the appeal . <br /> 9 . The parties executing this agreement acknowledge that <br /> they have read this agreement, understand that the appeal of the <br /> determination of non-significance will be dismissed, agree to <br /> that action, and any documentation which is necessary to be <br /> signed to accomplish the same and hereby waive any notice of <br /> their right to be present at such document signing. <br /> 10 . This agreement contains the entire agreement among the <br /> parties with respect to the subject matter hereof, may not be <br /> modified or amended in any way except in writing, signed by Dally <br /> Homes , the City of Everett and an authorized representative of <br /> the Appellant . No waiver by any party of any default in the <br /> performance by the other of any agreement contained herein shall <br /> be construed as a waiver of any subsequent default . Time is of <br /> the essence of this agreement . This agreement shall be governed <br /> and construed under the laws of the State of Washington. <br /> 11 . By entering into this agreement, neither Dally Homes nor <br /> the Appellants concede the merits of the other parties ' position <br /> with respect to the appeal that has been filed. This document is <br /> entered into as a compromise and is intended to facilitate the <br /> interests of both Dally Homes and the Appellants . <br /> 12 . The parties hereto waive any rights they may have to <br /> require the presentation of findings of fact, conclusions and/or <br /> sworn testimony at the public hearing on this matter. <br /> DATED this day of September, 1989 . <br /> - 5 - <br /> BNC3301 <br />