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5. CHOICE OF LAW <br />5.1. This Agreement shall be construed in accordance with the laws of the State of <br />Washington. In the event of any litigation regarding construction or effect of this <br />Agreement, or the rights of the parties to this Agreement, it is agreed that venue <br />shall be King County, Washington. <br />6. COSTS TO PREVAILING PARTY <br />6.1. In the event that either party initiates any action to enforce the terms and conditions <br />of this Agreement, the prevailing party shall be entitled to reasonable costs and <br />attorney's fees. <br />7. ENTIRE INSTRUMENT <br />7.1. This Agreement represents the entire understanding of the parties with respect to <br />the matter set forth and herein and any prior or contemporaneous understandings <br />are merged herein. This Agreement shall not be modified except by written <br />Agreement executed by the parties hereto. <br />8. ENFORCEMENT <br />8.1. This Agreement is solely for the benefit of the parties hereto and gives no third - <br />party right to any other entity or person. No joint venture is formed as a result of <br />this Agreement. <br />9. AMENDMENT <br />9.1. This Agreement may not be amended except by a written instrument signed by both <br />parties. <br />10. COUNTERPARTS <br />10.1. This Agreement may be executed in counterparts, each. of which shall be deemed <br />an original agreement, and all of which shall constitute one agreement. The <br />execution of one counterpart by a party shall have the same force and effect as if <br />that party had signed all other counterparts. <br />11. INCORPORATION OF RECITALS <br />11.1. The Recitals contained in this Agreement, and the Preamble paragraph preceding <br />the Recitals, are hereby incorporated into this Agreement as if ...fully set .forth herein. <br />Sea-lac/Tukwila Fee in <br />Lieu Agreement (September, 2019) <br />Page 3 <br />