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8.3 No Implied Waiver. No failure by either party hereto to insist upon the <br />strict performance of any obligation of the other party under this Agreement <br />or to exercise any right, power or remedy arising out of a breach thereof, <br />irrespective of the length of time for which such failure continues (except in <br />cases where this Agreement expressly limits the time for exercising rights or <br />remedies arising out of a breach), shall constitute a waiver of such breach or <br />of that party's right to demand strict compliance such term, covenant or <br />condition or operate as a surrender of this Agreement. No waiver of any <br />default or the performance of any provision hereof shall affect any other <br />default or performance, or cover any other period of time, other than the <br />default, performance or period of time specified in such express waiver. <br />One or more written waivers of a default or the performance of any <br />provision hereof shall not be deemed to be a waiver of a subsequent default <br />or performance. The consent of either party hereto given in any instance <br />under the terms of this Agreement shall not relieve the other party of any <br />obligation to secure the consent of the other party in any other or future <br />instance under the terms of this Agreement. <br />8.4 Headings and Subheadings. The captions preceding the articles and sections <br />of this Agreement and in the table of contents have been inserted for <br />convenience of reference and such captions in no way define or limit the <br />scope or intent of any provision of this Agreement. <br />8.5 Successors and Assigns. The terms, covenants and conditions contained in <br />this Agreement shall bind and inure to the benefit of the County and the City <br />and, except as otherwise provided herein, their personal representatives and <br />successors and assigns. There are no third party beneficiaries to this <br />Agreement. <br />8.6 Agreement made in Washington. This Agreement shall be deemed to be <br />made in and shall be construed in accordance with the laws of the State of <br />Washington. Venue of any action brought by one party against the other to <br />enforce or arising out of this Agreement shall be in King County Superior <br />Court. <br />8.7 Integrated Agreement: Modification. This Agreement contains all the <br />agreements of the parties hereto relating to the subject matter addressed <br />herein, and cannot be amended or modified except by a written agreement <br />approved by the King County Council and mutually executed between each <br />of the parties hereto. <br />8.8 Counterparts. This Agreement may be executed in two or more <br />counterparts, each of which shall be deemed an original, but all of which <br />taken together shall constitute one and the same instrument. <br />6 <br />