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equivant constitute a continuing or subsequent waiver, nor shall a waiver of anyone provision of the Agreement be deemed to be a waiver of any other provision. d. If any term, condition or provision in this Agreement is held to be illegal, invalid or unenforceable , in whole or in part , the parties shall work in good faith to agree such modification that will to the maximum extent possible preserve the original intention of said term, condition or provision . If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. e. This Agreement shall be governed by the laws of the State of Delaware, without regard to its laws relating to conflict or choice of laws . f. Any communication or notice permitted under the terms of this Agreement or required by law must be in writing, and will be deemed given and effective: (i) when delivered personally with proof of receipt, (ii) when sent bye-mail, (iii) when delivered by overnight express, or (iv) three (3) days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated below. Such address may be changed by a notice delivered to the other party in accordance with the provisions of this Section. Customer Prosecuting Attorney Kittitas County Prosecuting Attorney's Office 205 W, 5th Ave Ste.213 Ellensburg, WA 98926 Tel. No . 509-962-7520 Fax No . 509-962-7022 Copy to: Elishia Harvill, Office Manager Kittitas County Prosecuting Attorney's Office 205 W . 5th Ave Ste . 213 Ellensburg, WA 98926 equivant General Manager equivant 4825 Higbee Avenue NW Suite 101 Canton, Ohio 44718 Tel. No. 330.470.4280 Fax No. 330.494 .2483 Copy to: Contract Manager equivant 4825 Higbee Avenue NW Suite 101 Canton, Ohio 44718 g . The parties will seek a fair and prompt negotiated resolution within ten (10) days of the initial notice of the dispute ("Dispute"). If the Dispute has not been resolved after such time, the parties will escalate the issue to more senior levels. If the parties are unable to resolve any dispute at the senior management level, then any controversy, claim, or Dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Before commencing any such arbitration, the parties agree to enter into negotiations to resolve the Dispute. If the parties are unable to resolve the Dispute by good faith negotiation, either party may refer the matter to arbitration. The arbitrator(s) shall be bound to follow the provisions of this Agreement in resolving the Dispute, and may not award any damages excluded by this Agreement . The decision of the arbitrator(s) shall be final and binding on the parties, and any award of the arbitrator(s) may be entered or enforced in any court of competent jurisdiction. The prevailing party will Rev. 06022016 8 of 10