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invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect, unimpaired by the holding' Sectioul5. Venue and Choiqe of l-aw' lntheeventthat@dariseconcemingthe.constructionor interpretation of uny-# 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 intend-ed to restrict, affect or be of any weifnt in the interpretation oiconstruction 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 Wishington Utilities and Transpoftation commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and suih tariff, the provisions of such tariff shall control. 16.3 Vantage wind Energy LLC shall exercise its rights within the Franchise Route in iccordan.e *ith any applicable laws, rules, or regulatio.ns of the County governing use and occupanty bi ttre Franchise Route; provided' however, in the "u"tt of any conflici or inconsistency of such laws, rules or r"g;Ltd; wfth the terms and conditions of this Franchise, the terms and. . conditions of this Franchise shall govern and control; provide, further, nothing herein shall be oe#eo to waive, -preluOice or otherwise limit any right of appeal afforded Vantage WinO Energy f-lC tiy such County laws, rules or regulations' 16.4 All the provisions, conditions, terms and requirements^co.ntained herein shall be OinJi,ig ;p;n tt't'" prtties' successors and assigns. Allthe Parties' priuiltg"u, obligatio;sland liabilities shall inure to its successors and assigns Itqr"ffy as if thiy were spec6ically 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 performanc" of any couLntnt, duty, agr|ement, or condition of this Franchise or io exur.ise any right or remedy cons"-quent upgl a breach thereof shall constitute a waiver of uny ,r.h bte""h'or any other covenant, agreement' term or condition. No waiver st'lall affe.t or alter this Franchise, and each and.every covenant,. ,gr""rJi,-t"i* unO condition of this franchise shall continue in full force and effect with iespect to other then existing or subsequent breach thereof' Vantage Wind EnergYLLC Franchise Agreement 11