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fi <br /> It is agreed that venue for any lawsuit arising out of this Agreement shall be <br /> Snohomish County. <br /> 20.Time of Essence: <br /> Time is of the essence of this easement. The failure of a party to insist upon a strict <br /> performance of any of the terms, conditions and covenants herein or to exercise any <br /> remedy available to it will not be deemed a waiver of any rights or remedies that said <br /> party may have and will not be deemed a waiver of any subsequent breach or default <br /> in terms,conditions and covenants herein contained. <br /> I <br /> 21. Severability: <br /> If any term or provision of this easement or the application thereof to any person or <br /> circumstances will to any extent be invalid and unenforceable, the remainder of this <br /> easement or the application of such term or provision to persons or circumstances <br /> other than those as to which it is invalid or unenforceable will not be affected thereby, <br /> and each remaining term of this easement will be valid and be enforced to the extent <br /> permitted by law. a <br /> 22.Non-Waiver: <br /> The waiver by Grantor of any breach or the failure of Grantor to require strict <br /> compliance with any term herein shall not be deemed a waiver of any subsequent <br /> breach. <br /> 3 <br /> Executed on the date herein set forth. <br /> CITY OF EVERETT <br /> Accepted: <br /> Polygon WLH LLC 1 <br /> By: <br /> 14 <br /> Ray St ffson,Mwor <br /> By: <br /> Title: <,� <br /> ATTEST: 1 <br /> B G <br /> City Clerk <br /> APPROVED AS TO FORM: <br /> By: � !i <br /> City Attonxey <br /> ii <br /> I <br />