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(d) INTERPRETATION. Each party acknowledges that it and its legal counsel <br />have reviewed this Agreement. The parties agree that the terms and <br />conditions of this Agreement shall not be construed against any party on <br />the basis of such party’s drafting, in whole or in part, of such terms and <br />conditions. <br />(e) CHOICE OF LAW & VENUE. This Agreement shall be governed by and <br />construed in accordance with the laws of the State of Washington without <br />regard to conflict of law provisions. In the event that any litigation should <br />arise concerning the construction or interpretation of any of the terms of this <br />Agreement, the venue of such action of litigation shall be in the Superior <br />Court of the State of Washington in and for the County of Kittitas. <br />(f) ATTORNEYS' FEES. Should any legal action or proceeding be <br />commenced by either party in order to enforce this Agreement or any <br />provision hereof, or in connection with any alleged dispute, breach, <br />default, or misrepresentation in connection with any provision herein <br />contained, the prevailing party shall be entitled to recover reasonable <br />attorneys’ fees and costs incurred in connection with such action or <br />proceeding, including costs of pursuing or defending any legal action, <br />including, without limitation, any on appeal, discovery or negotiation and <br />preparation of settlement arrangements, in addition to such other relief as <br />may be granted. <br />(g) SEVERABILITY. If any provision of this Agreement is held to be invalid or <br />unenforceable, such provision will not affect or invalidate the remainder <br />of this Agreement, and to this end the provisions of this Agreement are <br />declared to be severable. If such invalidity becomes known or apparent <br />to the parties, the parties agree to negotiate promptly in good faith in an <br />attempt to amend such provision as nearly as possible to be consistent <br />with the intent of this Agreement. <br />(h) COUNTERPARTS. This Agreement may be executed in one or more <br />counterparts, each of which shall be deemed an original, and all of which <br />counterparts together shall constitute the same instrument which may be <br />sufficiently evidenced by one counterpart. Execution of this Agreement <br />at different times and places by the parties shall not affect the validity <br />thereof so long as all the parties hereto execute a counterpart of this <br />Agreement. <br />(i) ADMINISTRATION. The Director of Public Works shall administer this <br />Agreement on behalf of the County. <br />(j) TREATMENT OF ASSETS AND PROPERTY. No fixed assets or personal or <br />real property will be jointly or cooperatively, acquired, held, used, or <br />disposed of pursuant to this Agreement.