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<br /> <br />Property Exchange Agreement - 13 <br /> <br /> <br />Section 9. Miscellaneous. <br /> <br /> A. Time is of the essence of this Agreement. This Agreement is binding upon the <br />heirs, executors, administrators, successors, and assigns of each of the Parties hereto. <br /> <br /> B. In the event of any dispute between any of the Parties related to this Agreement, <br />each Party will be responsible for its own attorneys’ fees, costs, and any other expenses incurred <br />in connection with such dispute. Venue for any suit arising under this Agreement will be in <br />Kittitas County, Washington. <br /> <br /> C. At the time of execution of this Agreement, CWU is leasing the County Building <br />from the County pursuant to a written lease agreement. All rent and other amounts to be paid by <br />CWU under said lease agreement shall be prorated to the Closing Date. In the event this <br />transaction does not close for any reason, the City and CWU agree that the lease agreement <br />referenced in this paragraph 9(C) will remain in full force and effect. At the time of execution of <br />this Agreement, the City is leasing the City Building from the County pursuant to a written lease <br />agreement. All rent and other amounts to be paid by the City under said lease agreement shall be <br />prorated to the Closing Date. In the event this transaction does not close for any reason, the City <br />and the County agree that said lease agreement will remain in full force and effect. At the time <br />of execution of this Agreement, one or more tenants are lessees of the City in the City Building <br />pursuant to written lease agreement(s). All rent and other amounts to be paid by any such tenant <br />shall be prorated to the Closing Date. In the event this transaction does not close for any reason, <br />the City and the County agree that any such lease agreement will remain in full force and effect. <br /> <br /> D. All notices hereunder shall be in writing and addressed as set forth below, or to <br />such other address as may be designated by the Party desiring its address to be changed in a <br />notice to other Parties given in a like manner: <br /> <br /> If to the City: <br /> <br /> Heidi Behrends Cerniwey, City Manager <br /> City Hall <br />501 North Anderson Street <br /> Ellensburg, WA 98926 <br /> <br /> If to the County: <br /> <br /> Josh Fredrickson, Director of Public Works Department <br /> 411 N Ruby Street, Suite 1 <br /> Ellensburg, WA 98926 <br /> <br /> <br />