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<br /> <br />Rev. 06022016 8 of 10 <br /> <br />constitute a continuing or subsequent waiver, nor shall a waiver of any one pr ovision of the <br />Agreement be deemed to be a waiver of any other provision. <br /> <br />d. If any term, condition or provision in this Agreement is held to be illegal, invalid or <br />unenforceable, in whole or in part, the parties shall work in good faith to agree such <br />modification that will to the maximum extent possible preserve the original intention of said <br />term, condition or provision. If the parties fail to agree on such an amendment, such invalid <br />term, condition or provision will be severed from the remaining terms, c onditions and <br />provisions, which will continue to be valid and enforceable to the fullest extent permitted <br />by law. <br /> <br />e. This Agreement shall be governed by the laws of the State of Delaware, without regard to <br />its laws relating to conflict or choice of laws. <br /> <br />f. Any communication or notice permitted under the terms of this Agreement or required by <br />law must be in writing, and will be deemed given and effective: (i) when delivered personally <br />with proof of receipt, (ii) when sent by e -mail, (iii) when delivered by overnight express, or <br />(iv) three (3) days after the postmark date when mailed by certified or registered mail, <br />postage prepaid, return receipt requested and addressed to a party at its address for <br />notices. Each party's address for notices is stated below. Such address may be changed <br />by a notice delivered to the other party in accordance with the provisions of this Section. <br /> <br />Customer <br />Prosecuting Attorney General Manager <br />Kittitas County Prosecuting Attorney’s <br />Office <br /> <br />205 W, 5th Ave 4825 Higbee Avenue NW <br />Ste. 213 Suite 101 <br />Ellensburg, WA 98926 Canton, Ohio 44718 <br />Tel. No. 509-962-7520 Tel. No. 330.470.4280 <br />Fax No. 509-962-7022 Fax No. 330.494.2483 <br /> <br /> <br />Copy to: Copy to: <br />Elishia Harvill, Office Manager Contract Manager <br />Kittitas County Prosecuting Attorney’s Office <br />205 W. 5th Ave 4825 Higbee Avenue NW <br />Ste. 213 Suite 101 <br />Ellensburg, WA 98926 Canton, Ohio 44718 <br /> <br /> <br />g. The parties will seek a fair and prompt negotiated resolution within ten (10) days of the <br />initial notice of the dispute (“Dispute”). If the Dispute has not been resolved after such <br />time, the parties will escalate the issue to more senior levels . If the parties are unable to <br />resolve any dispute at the senior management level, then any controversy, cla im, or <br />Dispute arising out of or relating to this Agreement shall be resolved by binding arbitration <br />in accordance with the Commercial Arbitration Rules of the American Arbitration <br />Association then in effect. Before commencing any such arbitration, the parties agree to <br />enter into negotiations to resolve the Dispute . If the parties are unable to resolve the <br />Dispute by good faith negotiation, either party may refer the matter to arbitration . The <br />arbitrator(s) shall be bound to follow the provisions of this Agreement in resolving the <br />Dispute, and may not award any damages excluded by this Agreement . The decision of <br />the arbitrator(s) shall be final and binding on the parties, and any award of the arbitrator(s) <br />may be entered or enforced in any court of competent jurisdiction. The prevailing party will