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This Agreement and any attached exhibits constitute the entire agreement between <br /> the City and the Company; no prior written or prior,contemporaneous or subsequent <br /> oral promises or representations shall be binding except that any subsequently <br /> adopted City policies and procedures for telecommunications/communications lease <br /> agreements, license agreements, Site License Addendums and final applicable <br /> permits shall be binding on the parties. <br /> 35.7. Executed in Counterparts <br /> This Agreement may be executed in any number of counterparts, each of which shall <br /> be an original,but all of which together shall constitute but one instrument. <br /> 35.8. Governed by Laws of State of Washington <br /> This Agreement shall be governed by the laws of the State of Washington. <br /> 35.9. Venue <br /> Company agrees that the venue of any action or suit concerning this Agreement shall <br /> be in the Snohomish County Superior Court, and all actions or suits thereon shall be <br /> brought therein. <br /> 35.10. Binding on Successors <br /> This Agreement shall be binding upon and inure to the benefits of the heirs, <br /> executors, administrators, successors and assigns of the parties, subject to the <br /> conditions set forth in Sections 16 and 17 herein. <br /> 35.11. Failure to Insist upon Strict Performance <br /> The failure of either party to insist upon strict performance of any of the terms or <br /> conditions of this Agreement shall not constitute a waiver thereof. <br /> 35.12. Business License <br /> Prior to constructing any Site Equipment or providing services within the City, <br /> Company shall obtain a business and/or utility license from the City. <br /> 35.13. Severability <br /> The provisions of this Agreement shall be deemed severable and if any portion shall <br /> be held invalid, illegal or unenforceable for any reason, the remainder of this <br /> Agreement shall be effective and binding upon the parties. <br /> 35.14. No Third Party Beneficiaries <br /> It is not intended by any of the provisions of this Agreement to create for the public, <br /> or any member thereof, a third-party beneficiary right or remedy, or to authorize <br /> New Cingular Wireless PCS,LLC 30 <br />