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15. Time of Performance: Time is of the essence of this Agreement and of all acts required to be i <br /> done and performed by the parties hereto, including, but not limited to, the proper tender of j <br /> each of the sums required by the terns hereof to be paid. <br /> i <br /> 16. Section Headings: The word or words appearing at the commencement of sections and <br /> subsections of this Agreement are included only as a guide to the contents thereof and are not 1 <br /> to be considered as controlling, enlarging or restricting the language or meaning of those <br /> sections or subsections. <br /> 17. Invalidity: In the event any portion of this Agreement should be held to be invalid by any court l <br /> of competent jurisdiction, such holding shall not affect the remaining provisions hereof unless {{ <br /> the court's ruling includes a determination that the principal purpose and intent of this I <br /> Agreement is thereby defeated. <br /> 18. Entire Agreement:All understandings and agreements,written and verbal,previously existing <br /> between the parties, if any, are merged into this Agreement which alone Rilly and completely <br /> expresses agreement of the parties, and the same is entered into after fiill investigation,neither I <br /> party relying upon any statement or representation made by the other not embodied herein. <br /> This Agreement may be modified only by a written amendment executed by all parties. <br /> 19. Counterparts:This Agreement may be executed in counterparts,each of which shall be deemed <br /> to be an original instrument. All such counterparts together shall constitute a fiilly executed i <br /> Agreement. <br /> 20. Amendment: This Agreement may not be modified or amended except by the written <br /> agreement of the parties. <br /> 21.No Brokers: The Parties agree that there are no brokers involved in connection with this <br /> purchase and sale. <br /> IN WITNESS WHEREOF the parties have signed and delivered this Agreement as of the <br /> day and year fist above written. <br /> Executed by the Parties to be effective as of the Effective Date set forth above. <br /> DATED this __day of February 2026. <br /> CITY OF ELLENSBURG <br /> By: <br /> Heidi Behrends Cerniwey, City Manager <br /> Attest: <br /> Page 8 of 9 <br /> INITIALS: <br /> Purchaser: /Date: Seller: /Date: <br />