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and/or is unsightly. <br />4. McCutcheon/Hungar, to the extent they perform vegetation management, shall <br />indemnify and hold Kittitas County harmless from any injuries or damages McCutcheon/Hungar <br />may suffer as a result of their undertaking vegetation management. <br />expense. <br />All such vegetation management shall be done at McCutcheon/Hungar's sole cost and <br />Other. <br />A. Governing Law. This Agreement shall be interpreted, construed and enforced <br />according to the laws of the State of Washington. This Agreement shall be governed by the laws of <br />the State of Washington without regard to any conflict of laws and principals that would result in any <br />other state's laws governing this Agreement. It is hereby agreed and understood by both parties that <br />the venue for any legal or equitable action shall be in Kittitas County. <br />S. Notices. Subject to the requirements of any applicable statute, any notices required or <br />permitted by law or under this Agreement shall be in writing and shall be (i) personally delivered, <br />(ii) sent by first class certified or registered mail, return receipt requested, with postage prepaid, or <br />(iii) dispatched by facsimile transmission (accompanied with reasonable evidence of receipt of <br />transmission and with a confirmation copy mailed no later than the day after transmission) to the <br />parties' addresses set forth above. Either party may change such address for notice. All notices <br />which are so addressed and paid for shall be deemed effective when personally delivered, or, if <br />mailed, on the earlier of receipt or two (2) days after deposit thereof in the U.S. mail. <br />C. Time of Performance. Time is of the essence of this Agreement and of all acts required <br />to be done and performed by the parties hereto, including, but not limited to, the proper tender of <br />each of the sums required by the terms hereof to be paid. <br />D. Section Headings. The word or words appearing at the commencement of sections and <br />subsections of this Agreement are included only as a guide to the contents thereof and are not to be <br />considered as controlling, enlarging or restricting the language or meaning of those sections or <br />subsections. <br />E. Invalidity and Severability. Whenever possible, each provision of this <br />Agreement will be interpreted in such a manner as to be enforceable under applicable law. <br />However, if any provision of this Agreement is deemed unenforceable under applicable law by a <br />court having jurisdiction, the provision will be unenforceable only to the extent necessary to <br />make it enforceable without invalidating the remainder of it or any of the remaining provisions <br />of this Agreement. <br />F. Legal Relationships. No partnership, joint venture or joint undertaking shall be <br />construed from these presents, and except as herein specifically provided, neither party shall have <br />the right to make any representation for, act on behalf of, or be liable for the debts of the other. All <br />Page 2 of 4 <br />