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With a copies to: City of Everett <br /> Attn: James D.Iles/City Attorney <br /> 2930 Wetmore Ave, 9th Floor <br /> Everett, WA 98201 <br /> or to such other addresses as either party hereto may from time to time designate in <br /> writing and deliver in a like manner. All notices shall be deemed complete upon actual <br /> receipt or refusal to accept delivery. <br /> 11.3 Survival. All provisions of this Agreement that involve obligations,duties <br /> • or rights to be performed after the Closing Date or the recording of the Deed, and all <br /> covenants, representations and warranties made in or to be made pursuant to this <br /> Agreement shall survive the Closing Date and/or the recording of the Deed only to the <br /> extent expressly provided herein. Notwithstanding the foregoing, the representations, <br /> warranties, and covenants of the City contained in this Agreement survive only in <br /> accordance with Section 8.1. <br /> 11.4 Captions. The captions of this Agreement are for convenience and <br /> reference only and in no way define, limit or describe the scope or intent of this <br /> Agreement. <br /> 11.5 Merger of Prior Agreements;Reliance. This Agreement and the exhibits <br /> hereto constitute the fmal and complete agreement between the parties with respect to the <br /> purchase and sale of the Property and supersede all prior and contemporaneous <br /> agreements,letters of intent and understandings between the parties hereto relating to the <br /> subject matter of this Agreement. There are no oral or other agreements, including but <br /> not limited to, any representations or warranties,which modify or affect this Agreement. <br /> City shall not be bound by,or liable for, any warranties,representations or statements of <br /> fact or opinion made by any other person, partnership, corporation or other entity, <br /> including, without limitation, the Title Company, any surveyor and any consultants. <br /> Developer acknowledges to City that in entering into this Agreement, Developer is not <br /> relying on any warranties except those expressly set forth herein. <br /> 11.6 No Joint Venture. It is not intended by this Agreement to, and nothing <br /> contained in this Agreement shall, create any partnership, joint venture or other <br /> arrangement between Developer and City. No term or provision of this Agreement is <br /> intended to be,or shall be,for the benefit of any person,firm,organization or corporation <br /> not a party hereto, and no such other person,firm,organization or corporation shall have <br /> any right or cause of action hereunder. <br /> 14 <br /> 94 <br />