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• <br /> and approval of Grantor's plans and specifications will be limited to whether the proposed <br /> activity may interfere with use of the Public Access Improvements or the Public Access <br /> Easement. The City's review and approval of Grantor's plans and specifications will not be <br /> a representation or certification that the plans and specifications or the proposed activity <br /> complies with any applicable law, building code or other governmental rule or regulation. <br /> 4. Grantor's Representation. Grantor represents that it is the owner of the <br /> Property and has the authority to enter into and to perform its obligations under this <br /> Agreement. <br /> 5. Miscellaneous Provisions <br /> A. Binding Effect. The rights and obligations of the Grantor and the <br /> City and under this Agreement run with the land and inure to the benefit of the public and <br /> City and the City's successors, and are binding upon Grantor, its successors and assigns <br /> and each and every person who at any time has any ownership interest in the Property. <br /> B. Governing Law. The laws of the State of Washington, without <br /> giving effect to principles of conflict of laws, govern all matters arising out of or relating to <br /> this Agreement. <br /> C. Venue. Any litigation arising from or relating to this <br /> Agreement may only be brought before the Snohomish County Superior Court. <br /> D. Complete Agreement. This Agreement constitutes the entire <br /> agreement of Grantor and the City relating to the subject matter of this Agreement. This <br /> Agreement supersedes and replaces all other written or oral agreements thereto. <br /> E. Amendment/Termination. No amendment to or termination of this <br /> Agreement will be effective unless it is in writing and signed by Grantor and the City. <br /> F. Waiver. No waiver of satisfaction of any condition or <br /> nonperformance of an obligation under this Agreement will be effective unless it is in <br /> writing and signed by the party granting the waiver, and no such waiver will constitute a <br /> waiver of satisfaction of any other condition or nonperformance of any other obligation. <br /> G. Severability. If any provision of this Agreement is unenforceable to <br /> any extent, the remainder of this Agreement, or the application of that provision to any <br /> persons or circumstances other than those as to which it is held unenforceable, will not be <br /> affected by that unenforceability and will be enforceable to the fullest extent permitted by <br /> law. <br /> H. Notice. For a notice under this Agreement to be valid, it must be in <br /> writing and the sending party must use one of the following methods of delivery: (a) <br /> personal delivery to the address stated below; (b) first class postage prepaid U.S. Mail to <br /> {00245174.DOCX;1/17185/ESMT} 3 <br />