Agency Contract between KCHN and KCPHD 09.01.19-08.31.20200

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its performance or enforcement unless discretion is otherwise allocated to one of the parties hereto. The parties agree that this Contract is the entire agreement between the parties, that all preceding and contemporaneous oral and written statements, representations and warranties, whether consistent or inconsistent herewith, are agreed to be of no force and effect unless expressly stated herein. In that regard, Manager and Contractor stipulate that each and every provision of this Contract has been fairly bargained for, that the execution of this Contract memorializes the intent of Manager and Contractor after thoughtful consideration of all risks and knowingly and voluntarily assumed such risks. This Contract shall only be supplemented or modified in a signed writing by Manager and Contractor. Manager and Contractor warrant that no commissioned merchant, broker, agent, consultant, or similar person or entity has assisted in procuring this Contract and that no broker or agent is entitled to any commissions or fees. All exhibits, attachments and schedules are hereby incorporated herein by this reference as if fully set forth herein. The parties agree that their signatures that are remitted electronically to each other shall, when accumulated, operate as originals. This Contract may be executed in counterparts. 8. Dispute Resalut 0P. All claims and disputes relating to or arising out of this Contract that are less than the Small Claims jurisdictional limit shall be filed in the Small Claims Division of the District Court in the Washington County in which Manager is situated, and the parties hereto hereby knowingly waive the provisions of Title 12 RCW prohibiting legal counsel representation, meaning that the parties may be represented by legal counsel in Small Claims Court. The parties hereby knowingly and voluntarily waive any right to appeal on any Small Claims judgment, including, without limitation, alleged procedural or evidentiary errors. All claims and disputes related to or arising out of this Contract in excess of such jurisdictional limit, involve matters exceeding the jurisdictional limits of Small Claims Courts or involve equitable remedies, shall be subjected to binding and non - appealable arbitration as the sole and exclusive remedy. For all other matters, if the parties cannot agree on an arbitrator, the Presiding Judge of the Washington County in which Manager is situated shall appoint an arbitrator versed in the subject matter of the claim or dispute, which arbitrator need not be a lawyer unless legal interpretation of the Contract is required. If the arbitrator is a lawyer, the arbitrator may engage the services of any expert to ascertain specialized factual determinations. Substantive discovery shall be allowed in the sole discretion of the arbitrator. The arbitration shall commence not later than ninety (90) days after an arbitration demand. The arbitrator may award damages and injunctive relief and may register a judgment in the court of competent jurisdiction including judgment by default. In any suit, arbitration, proceeding or action to enforce any term, condition or covenant of this Contract or to procure an arbitration determining the rights of the parties hereto, the most prevailing party shall be entitled to recover from the other party reasonable sums as attorney fees and costs. BYSIGNING BELOW ON BEHALF OF THE RESPECTIVE ENTITIES CONTRACTOR AND MANAGER HEREBY CONSENT TO ELECTRONIC TRANSMISSION COMMUNICATIONS FOR ANY AND ALL NOTICES AND DISSEMINATION OF CONTRACT BUSINESS.