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a. AGREEMENT AVAILABILITY. Prior to its entry into force, this Agreement shall be posted on the <br />Enterprise Services’ website or other electronically retrievable public source as required by <br />RCW 39.34.040. <br />b. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of <br />the parties with respect to the subject matter and supersedes all prior negotiations, <br />representations, and understandings between them. There are no representations or <br />understandings of any kind not set forth herein. <br />c. AMENDMENT OR MODIFICATION. Except as set forth herein, this Agreement may not be amended <br />or modified except in writing and signed by a duly authorized representative of each party <br />hereto. <br />d. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, <br />hereby represents and warrants to the other that it has full power and authority to enter into <br />this Agreement and that its execution, delivery, and performance of this Agreement has been <br />fully authorized and approved, and that no further approvals or consents are required to bind <br />such party. <br />e. NO AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall <br />be or is intended to be created by or under this Agreement. Neither party is an agent of the <br />other party nor authorized to obligate it. <br />f. ASSIGNMENT. Eligible Purchaser may not assign its rights under this Agreement. <br />g. GOVERNING LAW. The validity, construction, performance, and enforcement of this Agreement <br />shall be governed by and construed in accordance with the laws of the State of Washington, <br />without regard to its choice of law principles that would provide for the application of the <br />laws of another jurisdiction. <br />h. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this <br />Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for <br />the State of Washington and agree that in any such action venue shall lie exclusively at <br />Olympia, Washington. <br />i. CAPTIONS & HEADINGS. The captions and headings in this Agreement are for convenience only <br />and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or <br />intent of this Agreement nor the meaning of any provisions hereof. <br />j. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Agreement or any <br />other ancillary agreement shall be deemed to have the same legal effect as delivery of an <br />original executed copy of this Agreement or such other ancillary agreement for all purposes. <br />CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO.Page number 4 04/01/24