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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 <br /> together shall constitute one and the same Covenant. <br /> 9.6 Waiver. No waiver by any party of any provision of this Covenant or <br /> any breach thereof shall be of any force or effect unless in writing by the party granting <br /> the wavier; and no such waiver shall be construed to be a continuing waiver. The <br /> waiver by one party of the performance of any covenant, condition, or promise shall not <br /> invalidate this Covenant nor shall it be considered a waiver by such party of any other <br /> covenant, condition, or promise hereunder. The waiver by either or both parties of the <br /> time for performing any act shall not constitute a waiver of the time for performing any <br /> other act 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 <br /> for 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 <br /> for 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 <br /> the terms of this Covenant, all such consents or approvals, if given, shall not be <br /> effective 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 <br /> governmental approvals, to take particular action, or to be financially responsible for <br /> any obligations of 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 <br /> construed against the drafting party shall be inapplicable in the interpretation of this <br /> Covenant. The provisions of this Covenant shall be construed as a whole according to <br /> 8 <br />