Laserfiche WebLink
provided, however, that no notice of a change of address shall be effective until actual <br /> receipt of such notice. Copies of notices are for informational purposes only,and a failure <br /> to give or receive copies of any notice shall not be deemed a failure to give notice. <br /> All notices to Owner shall also be delivered to Investor. The City shall accept any cure <br /> by Investor as if made by Owner. <br /> 9.5 Execution in Counterparts. This Covenant may be executed in any <br /> number of counterparts and by different parties hereto in separate counterparts, each of <br /> which when so executed shall be deemed to be an original and all of which taken together <br /> shall constitute one and the same Covenant. <br /> 9.6 Waiver. No waiver by any party of any provision of this Covenant or any <br /> breach thereof shall be of any force or effect unless in writing by the party granting the <br /> wavier; and no such waiver shall be construed to be a continuing waiver. The waiver by <br /> one party of the performance of any covenant, condition, or promise shall not invalidate <br /> this Covenant nor shall it be considered a waiver by such party of any other covenant, <br /> condition, or promise hereunder. The waiver by either or both parties of the time for <br /> performing any act shall not constitute a waiver of the time for performing any other act <br /> or an identical act required to be performed at a later time. <br /> 9.7 Rights and Remedies Cumulative. Except as otherwise expressly stated <br /> in this Covenant, the rights and remedies of the parties are cumulative, and the exercise <br /> or failure to exercise one or more of such rights or remedies by either party shall not <br /> preclude the exercise by it, at the same time or different times, of any right or remedy for <br /> the same default or any other default by the other party. <br /> 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 financially responsible for any obligations of <br /> Owner, except as otherwise expressly set forth in this Covenant. <br /> 7 <br />