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restrictions on the use of the Protected Property. Grantee and Co -Grantee covenant to <br />do what is required to prevent merger of title, including, if necessary, assignment of the <br />Easement to an appropriate third party pursuant to Section 13.1. <br />18 GENERAL PROVISIONS <br />18.1 Effective Date. The Effective Date of this Easement shall be the date on which the <br />Grantor executed this Easement. <br />18.2 Governing Law and Venue. The laws of the State of Washington and applicable <br />federal law shall govern the interpretation and performance of this Easement. By <br />executing this Easement, Grantor acknowledges the jurisdiction of the courts of the <br />State of Washington in this matter. In the event of a lawsuit involving this Easement, <br />venue shall be proper only in Kittitas County. <br />18.3 Liberal Construction. Any general rule of construction to the contrary <br />notwithstanding, this Easement shall be liberally construed in favor of the grant to <br />effect the Purpose of this Easement. If any provision in this instrument is found to be <br />ambiguous, an interpretation consistent with the Purpose of this Easement that would <br />render the provision valid shall be favored over any interpretation that would render it <br />invalid. <br />18.4 Severability. <br />18.4.1 Except as provided in Section 18.4.2 below, if any provision of this Easement, <br />or the application thereof to any person or circumstance, is found to be invalid <br />or unenforceable by any court of competent jurisdiction or is superseded by state <br />or federal legislation, rules, regulations or decision, the remainder of the <br />provisions of this Easement, or the application of such provision to persons or <br />circumstances other than those as to which it is found to be invalid or <br />unenforceable, as the case may be, shall not be affected thereby. <br />18.4.2 If any material provision of this Easement, or the application thereof to any <br />person or circumstance, is found to be invalid or unenforceable by any court of <br />competent jurisdiction or is superseded by state or federal legislation, rules, <br />regulations or decision, so that the intent of these provisions is frustrated, the <br />parties agree to immediately negotiate a replacement provision to fulfill the <br />intent of the superseded provisions consistent with the Purpose of this Easement <br />and applicable law. <br />18.5 Entire Agreement. This instrument sets forth the entire agreement of the Parties with <br />respect to the Easement and supersedes all prior discussions, negotiations, <br />understandings, or agreements relating to the Easement, all of which are merged herein. <br />-33- <br />