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<br /> <br />Rev. 06022016 5 of 13 <br /> <br />b. All provisions of this Agreement, which by their nature should survive termination of this <br />Agreement, will so survive. <br /> <br />c. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under <br />this Agreement must be in writing to be effective. Delay or failure by either party to <br />exercise any right hereunder, or to enforce any provision of this Agreement will not be <br />considered a waiver thereof and will not in any way affect the validity of the whole or any <br />part of this Agreement or prejudice such party’s right to take subsequent action. No <br />single waiver will constitute a continuing or subsequent waiver, nor shall a waiver of any <br />one provision of the Agreement be deemed to be a waiver of any other provision. <br /> <br />d. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, <br />void or unenforceable, the remaining provisions shall nevertheless continue in full force <br />without being impaired or invalidated in any manner . If any term, condition or provision <br />in this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the <br />parties shall work in good faith to agree such modification that will to the maximum extent <br />possible preserve the original intention of said term, condition or provision . If the parties <br />fail to agree on such an amendment, such invalid term, condition or provisio n will be <br />severed from the remaining terms, conditions and provisions, which will continue to be <br />valid and enforceable to the fullest extent permitted by law. <br /> <br />e. This Agreement shall be governed by the laws of the State of Delaware, without regard <br />to its laws relating to conflict or choice of laws. Subject to Paragraph g. below, the parties <br />agree that the sole jurisdiction and venue for actions related to the subject matter hereof <br />shall be the state and U.S. Federal courts in the State of Delaware. Both parties consent <br />to the jurisdiction of such courts and waive any objections regarding venue in such <br />courts. <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 effecti ve: (i) when delivered <br />personally with proof of receipt; (ii) when sent by e -mail; (iii) when delivered by overnight <br />express; or (iv) three (3) days after the postmark date when mailed by certified or <br />registered mail, postage prepaid, return receipt reques ted and addressed to a party at <br />its address for notices. Each party's address for notices is stated below. Such address <br />may be changed by a notice delivered to the other party in accordance with the provisions <br />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 /> <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