2017-2037 Comp Plan Update Enabling Ordinance with Exhibit A

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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 57 of 118 particular situation, is held to be invalid, void or unenforceable, Trendwest may, in Trendwest's sole discretion, terminate this Agreement by providing written notice of termination to the County. 10.3 Other Necessary Acts. Each Party shall execute and deliver to the other all other further instruments and documents that are reasonably necessary to carry out and implement the MPR Approvals and the Subsequent Actions and that are necessary to provide to the other Party the full and complete enjoyment of its rights and privileges under this Agreement. 10.4 Other Miscellaneous Terms. The singular shall include the plural, the masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive. 10.5 Covenants Running with the Land. Subject to Section 9 of this Agreement, all of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to Washington law. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon MountainStar, as appropriate, runs with the Trendwest Property and, subject to Section 9 of this Agreement, is binding upon each successive owner of all or a portion of the Trendwest Property during its ownership of such property. 10.6 Remedies. In addition to the remedies set forth in the MountainStar MPR Conditions, either Party may, in addition to any other rights or remedies, institute an equitable action to cure, correct, or remedy any default; enforce any covenant or agreement herein; enjoin any threatened or attempted violation thereof; enforce by specific performance: the obligations and rights of the parties hereto; or obtain any remedies consistent with the foregoing and the purpose of this Agreement. In no event shall either Party be entitled to recover from the other SUDCadia Mastcr Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 56