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16. 1. Governing Law. This Agreement shall be governed by the laws of the <br />State of Washington and the Kittitas County Codes as vested by the Palomino Fields <br />application. Each party represents it has the respective power and authority and is duly <br />authorized to sign and perform its obligations under this Agreement. The parties intend <br />this Agreement to be interpreted to the full extent authorized by law as an exercise of the <br />County's authority to enter into development agreements. Neither this Agreement nor <br />any provision hereof may be waived, modified, amended or terminated except by a <br />written agreement of the parties hereto. <br />16.2. Successors. This Agreement and the rights set forth herein run with the <br />land and shall be binding upon and inure to the benefit of the County and the successor <br />owners and assigns of the Development Site. <br />16.3. Enforcement. Any party to this Agreement may enforce the terms of this <br />Agreement. No party shall be in default under this Agreement unless it has failed to <br />perform for a period of twenty-one (21) days after written notice of default from the <br />other party. (In some instances the performance period may be extended to allow a <br />reasonable time period to cure the default.) Any notice of default shall specify the <br />nature of the alleged default and the manner in which the default may be cured <br />satisfactorily. All parties to this agreement shall have all rights and remedies provided <br />by law. <br />16.4. Notices. All notices or other communications under this Agreement shall <br />be delivered to the addresses after each signature. Notices shall be in writing and either; <br />(i) delivered personally, (ii) sent by facsimile transmission with an additional copy <br />mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and <br />return receipt requested, or (iv) delivered by nationally recognized overnight delivery <br />service with signature required. Notice by hand delivery or facsimile shall be effective <br />upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two <br />(72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered <br />forty-eight (48) hours after deposit. <br />16.5. Counterparts and Recording. This Agreement may be executed in two or <br />more counterparts, each of which shall be deemed an original, but all of which together <br />shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this <br />