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fault. The COUNTY shall have the right at all times to participate through its own <br />attorney in any suit or action which arises out of any right, privilege, and authority <br />granted by or exercised pursuant to this Franchise when the COUNTY <br />determines that such participation is required to protect the interests of the <br />COUNTY or the public. Such participation by the COUNTY shall be at the <br />COUNTY's sole cost and expense. <br />Section 13. Notices. All notices, demands, requests, consents and approvals <br />which may, or are required to be given by any party to any other party hereunder, <br />shall be in writing and shall be deemed to have been duly given if delivered <br />personally, sent by facsimile or other electronic transmission, sent by a nationally <br />recognized overnight delivery service, or if mailed or deposited in the United <br />States mail and sent by registered or certified mail, return receipt requested, <br />postage prepaid to: <br />For the County: <br />For Vantage Wind Energy LLC: <br />Director of Public Works <br />Kittitas County Public Works <br />411 N Ruby Street, Suite 1 <br />Ellensburg, WA 98926 <br />Ph: <br />Fax: <br />Email: <br />Vantage Wind Energy LLC <br />c/o Invenergy LLC <br />Kelly Duddy, Project Manager <br />1 S. Wacker Dr. Ste. 1900 <br />Chicago, IL 60606 <br />Ph: 312-582-1468 <br />Fax: 312-244-1444 <br />Email:kduddy@invenergyllc.com <br />or to such other address as the foregoing parties hereto may from time -to -time <br />designate in writing and deliver in a like manner. All notices shall be deemed <br />complete upon actual receipt or refusal to accept delivery. Facsimile <br />transmission or other electronic transmission of any signed original document <br />and retransmission of any signed facsimile transmission shall be the same as <br />delivery of an original document. <br />Either party may change the notice address listed above upon prior written notice <br />to the other party. <br />Section 14. Severability. Should any provision of this Agreement be held, in a <br />final and unappealable decision by a court of competent jurisdiction, to be either <br />Vantage Wind Energy LLC 10 <br />Franchise Agreement <br />