Resolution_Franchise Amendment_Vantage Wind

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invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect, unimpaired by the holding. Section 15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Franchise, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. Section 16. Miscellaneous. 16.1 The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 16.2 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. 16.3 Vantage Wind Energy LLC shall exercise its rights within the Franchise Route in accordance with any applicable laws, rules, or regulations of the County governing use and occupancy of the Franchise Route; provided, however, in the event of any conflict or inconsistency of such laws, rules or regulations with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provide, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded Vantage Wind Energy LLC by such County laws, rules or regulations. 16.4 All the provisions, conditions, terms and requirements contained herein shall be binding upon the Parties' successors and assigns. All the Parties' privileges, obligations, and liabilities shall inure to its successors and assigns equally as if they were specifically mentioned in the franchise wherever the Parties are so mentioned. 16.5 No failure by any of the foregoing parties to insist upon the strict performance of any covenant, duty, agreement, or condition of this Franchise or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. No waiver shall affect or alter this Franchise, and each and every covenant, agreement,.term and condition of this franchise shall continue in full force and effect with respect to other then existing or subsequent breach thereof. Vantage Wind Energy LLC 11 Franchise Agreement