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