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<br />INTERLOCAL COOPERATION AGREEMENT FOR TELECOMMUNICATION SERVICES <br />(KITTITAS COUNTY) -6- <br /> <br />consideration for PETRICHOR’s performance under this Agreement, the <br />damages for breach of this Agreement by PETRICHOR shall be limited to <br />the total Fee (exclusive of payments to subcontractors or subconsultants) <br />paid by the COUNTY to PETRICHOR. It is understood that this represents <br />the allocation of economic loss for breach of this Agreement and is not <br />merely a recital but a negotiated part of the economics of this <br />Agreement. <br />8. NEUTRAL AUTHORSHIP. Each of the provisions of this Agreement <br />has been reviewed and negotiated and represents the combined work product <br />of all parties hereto. No presumption or other rules of construction <br />which would interpret the provisions of this Agreement in favor of or <br />against the party preparing the same shall be applicable in connection <br />with the construction or interpretation of any of the provisions of this <br />Agreement. <br />9. ATTORNEY FEES. The prevailing party in any action concerning <br />this Agreement shall be awarded their reasonable attorney fees and costs. <br />10. GOVERNING LAW, JUSIDICTION, AND VENUE. This Agreement, and <br />the right of the parties hereto, shall be governed by and construed in <br />accordance with the laws of the State of Washington, and the parties <br />agree that in any such action, jurisdiction and venue shall lie solely <br />and exclusively in Whitman County, Washington and not in the federal <br />courts of any jurisdiction.