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• Medical related activities <br /> • Health and Fitness club <br /> • Church <br /> • Crematorium <br /> PART TWO —ADMINISTRATION & ENFORCEMENT <br /> 2.1 Violation— Enforcement. In the event of any action to enforce this Agreement by the <br /> City, or on account of any default or breach of this Agreement by the Applicant, the Applicant <br /> shall be responsible for the City's costs and attorneys fees. The venue for such action shall be <br /> in Snohomish County Superior Court. Further, if construction and/or use of the Property is found <br /> to be inconsistent with the terms of this Agreement, all entitlements to the C-2 zone under the <br /> rezone and this Agreement shall be forfeited, and any use inconsistent with this Agreement <br /> shall be deemed a violation of the Zoning Code and be subject to all violation, enforcement and <br /> penalty provisions associated with the violation of the City Zoning Code. <br /> 2.2. Entire Agreement; Amendments. This Agreement sets forth the entire agreement of <br /> the parties. This Agreement shall be construed as a whole. No amendment, change or <br /> modification of any provision of this Agreement shall be valid unless set forth in writing and <br /> signed by both parties. <br /> 2.3. Non-waiver; Severability. The failure of either party to insist upon or enforce strict <br /> performance by the other party of any of the provisions of this Agreement or to exercise any <br /> rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to <br /> any extent of such party's right to assert or rely upon any such provisions or rights in that or any <br /> other instance; rather, the same shall be and remain in full force and effect, The invalidity or <br /> unenforceability of any provision of this Agreement shall not affect the other provisions hereof, <br /> and this Agreement shall be construed in all respects as if such invalid or unenforceable <br /> provisions were omitted. <br /> 2.4. Recording; Binding on Successors and Assigns. This Agreement shall be recorded <br /> against the Property and shall be binding upon and inure to the benefit of the respective <br /> successors and assigns of the parties. <br /> 2.5. Implementation. Owners shall take such action (including, but not limited to the <br /> execution, acknowledgment and delivery of documents) as may reasonably be requested by the <br /> other party for the implementation or continuing performance of this Agreement. <br /> 5 <br />