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9.8 Applicable Law; Jurisdiction. This Covenant shall be interpreted under <br /> and pursuant to the laws of the State of Washington. In the event any action is brought <br /> to enforce any of the provisions of this Covenant,the parties agree that the sole forum for <br /> such action is the Snohomish County Superior Court for the State of Washington. <br /> 9.9 Consents. Whenever consent or approval by the City is required under the <br /> terms of this Covenant, all such consents or approvals, if given, shall not be effective <br /> unless given in writing and signed by the Mayor of the City. <br /> 9.10 Nonwaiver of Government Rights. The parties understand that the City, <br /> by making and entering into this Covenant,is not obligating the City to give governmental <br /> approvals,to take particular action,or to be fmancially responsible for any obligations of <br /> Owner, except as otherwise expressly set forth in this Covenant. <br /> 9.11 Fair Construction; Severability. All pronouns and any variations thereof <br /> shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br /> context may require. The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Covenant was negotiated and drafted at arms' length so <br /> that the judicial rule of construction to the effect that any ambiguities are to be construed <br /> against the drafting party shall be inapplicable in the interpretation of this Covenant. The <br /> provisions of this Covenant shall be construed as a whole according to their common <br /> meaning and consistent with the other provisions contained herein in order to achieve the <br /> objectives and purposes of this Covenant. If any term, provision, covenant, clause, <br /> sentence or any other portion of the terms and conditions of this Covenant or the <br /> application thereof to any person or circumstances shall apply, to any extent, become <br /> invalid or unenforceable,the remainder of this Covenant shall continue in full force and <br /> effect,unless rights and obligations of the parties have been materially altered or abridged <br /> by such invalidation or unenforceability. <br /> Section 10. Loss of Subsidy. <br /> 10.1 Notice to City. Owner expects to obtain rent,operating and/or <br /> service subsidies(collectively,"Subsidies")in order to allow Owner to operate the <br /> Property in accordance with this Covenant. If such Subsidies become unavailable or are <br /> reduced so that Owner can no longer operate the Property in accordance with this <br /> Covenant and still remain in Coverage Standard Compliance(defined below),and if no <br /> sufficient compatible subsidies are available to cover the shortfall, Owner shall give <br /> written notice of that fact to the City,together with: <br /> 10.1.1 An updated operating budget for the Property that reflects <br /> the financial effect of the lost Subsidies on Coverage Standard Compliance; and <br /> 12 <br /> 74 <br />