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Development Agreement – Page 9 of 12 <br /> <br />paid by the Developer as an applicant incurred by the County directly relating to this <br />Development Agreement, including recording fees, publishing fees and reasonable staff and <br />consultant costs not otherwise included within application fees. This Development Agreement <br />shall not take effect until the fees provided for in this section, as well as any processing fees <br />owed by to the County for the Project are paid to the County. Upon payment of all out-of- <br />pocket expenses, the Developer may request written acknowledgement of all fees. All fees <br />shall be paid, at the latest, within thirty (30) days from the County presentation of a written <br />statement of charges to the developer, upon payment of which Developer shall owe no further <br />amounts to County with respect to or relating to this Development Agreement. <br /> <br />Section 23. Applicable Law and Attorneys' Fees. This Development Agreement shall be <br />construed and enforced in accordance with the laws of the State of Washington. If litigation is <br />initiated to enforce the terms of this Development Agreement, the prevailing party shall be <br />entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party. <br />Venue shall be as provided for under RCW 36.01.050. <br /> <br />Section 24. Specific Performance. The parties specifically agree that damages are not an <br />adequate remedy for breach of this Development Agreement, and that the parties are entitled to <br />compel specific performance of all material terms of this Development Agreement by any party in <br />default hereof. <br /> <br />Section 25. Severability. If any term, provision, covenant or condition of this Agreement <br />should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the <br />remainder of this Development Agreement shall continue in full force and effect and shall in <br />no way be affected, impaired or invalidated thereby. <br /> <br />Section 26. Construction. In the event of a dispute between the parties as to the <br />meaning of terms, phrases or specific provisions of this Development Agreement, the authorship <br />of this Development Agreement shall not be cause for this Development Agreement to be <br />construed against any party nor in favor of any party. <br /> <br />Exhibits- Included details and documentation