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performance of its obligations under this Agreement. rn part <br />consideration for PETRfcHoR's performance under this Agreement, the <br />damages for breach of this Agreement by PETRICHOR shal-f 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 t,his represents <br />the al-focation of economic loss for breach of this Agreement and j-s not <br />merely a recitaf but a negotiated part of the economics of this <br />Agreement. <br />8. NEUTRAL AUTHORSHTP Each of the provisions of this Agreement <br />has been reviewed and negotiated and represents the combj-ned. work product <br />of alf parties hereto. No presumption or other rufes of const.ruction <br />which would interpret the provisions of this Agreement in favor of or <br />against. the party preparing the same shall be applicable in connectlon <br />with the construction or interpretation of any of the provisions of t,his <br />Agreement. <br />9. ATTORNEY FEES. The prevailing party in any action concerning <br />this Agreement shafl be awarded their reasonable attorney fees and costs. <br />10. GOVERNTNG 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 l-aws 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 />court.s of any jurisdiction. <br />INTERLOCAL COOPERATION AGREEMENT FOR TELECOMMUN]CATION SERVICES <br />(KITT]TAS COUNTY) _6_