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<br /> <br />Property Exchange Agreement - 14 <br /> <br />If to CWU: <br /> <br />Stuart Thompson, AVP Campus Planning, Facilities Management and <br />Procurement <br /> 400 E. University Way <br /> Ellensburg, WA 98926 <br /> <br />Notice will be deemed to have been served (1) upon delivery in person to the address set forth <br />above for the Party to whom the notice is given, (2) upon delivery in person at the Closing (if <br />such Party is present at the Closing and the delivery is to be made at Closing), (3) three days <br />after such noticed is placed in the United States mail, return receipt requested, addressed to such <br />Party at the address specified above, or (4) upon being deposited into the custody of a nationally <br />recognized overnight delivery service for next day delivery, addressed to such Party at the <br />address specified above. <br /> <br /> E. No failure of a Party to enforce a provision of this Agreement will be construed as <br />a general or a specific waiver of that provision, or of a Party’s right to enforce that provision, or <br />of a Party’s right to enforce any other provisions of this Agreement. No waiver of any breach of <br />any covenant or other provisions herein contained shall be deemed to be a waiver of any <br />preceding or succeeding breach, or of any other covenant or provision herein contained. No <br />extension of time for performance of any obligation or act shall be deemed to be an extension of <br />the time for performance of any other obligation or act. <br /> <br /> F. This Agreement may be executed in one or more counterparts, each of which shall <br />be deemed an original. All counterparts shall be deemed to constitute a single agreement. The <br />execution and delivery of one counterpart by a Party shall have the same force and effect as if <br />that Party had signed all other counterparts. The signatures to this Agreement may be executed <br />on separate pages and when attached to this Agreement shall constitute one complete document. <br /> <br /> G. This Agreement binds and is for the benefit of the Parties and their permitted <br />successors and assigns. No Party to this Agreement may assign its rights and obligations <br />hereunder without prior written consent of the other Parties, which consent shall not be <br />unreasonably withheld, conditioned, or delayed. <br /> <br /> H. This Agreement is governed by and must be construed in accordance with the <br />laws of the State of Washington. <br /> <br /> I. This Agreement may not be modified or amended except in writing signed by all <br />Parties. This Agreement constitutes the entire agreement between the Parties with respect to the <br />conveyance of the Exchange Properties and supersedes any prior understandings and agreements <br />between them respecting the subject matter of this Agreement. There are no other <br />representations, agreements, arrangements, or understandings, oral or written, between and <br />among the Parties to this Agreement or any of them, relating to the subject matter of this <br />Agreement.