98-097 - Highline School District #401 - Easement Agreement for Water Reservoir

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CIT OF By \ICIrt/t /4/A HW[JK I( ,4/98 to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof 22. Attorney's Fees. In the event of dispute resolution regarding the terms of this Agreement, the prevailing party shall be entitled to reimbursement for all costs, expenses and reasonable attorney s fees incurred in connection with the realization or enforcement of any term, condition, provision or remedy contained in this Easement Agreement or related documents, with or without litigation, including without limitation the costs, expenses and fees incurred on appeal, in any arbitration but not in any mediation 23 Waiver Any failure by either party to enforce any right arising hereunder shall not be deemed a waiver of such right 24. Modification. This Easement Agreement represents the entire agreement between the parties No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding o either of the parties unless executed in writing b\ authorized representatives of each of the parties The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 25. Benefits. This Easement Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons 26 Binding Effect. This Easement Agreement shall be binding on and inure to the benefit of the parties their legal representatives, successors and permitted assigns. 27 Severability If any provision of this Easement Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected Dated 'E CER- /0, 1418 HIGHLINE WATER DISTRICT -12 B� HIGHLINE SCHOOL DISTRICT 'CIO 401