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