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• <br /> F. Governing Law; Venue, Dispute Resolution. This Agreement shall be governed <br /> by and construed and enforced in accordance with the laws of the State of Washington. Venue for <br /> any lawsuit arising out of this Agreement shall be Snohomish County Superior Court, State of <br /> Washington or the United State District Court for the Western District of Washington. In the event <br /> of any litigation to enforce or interpret the right, duties and obligations of the Parties set forth <br /> herein, the prevailing party shall be entitled to an award of reasonable costs, expenses and <br /> attorneys' fees in connection therewith, at trial and on appeal. <br /> G. Non-Waiver. The failure of a party to insist upon a strict performance of any of <br /> the terms, conditions and covenants herein or to exercise any remedy available to it will not be <br /> deemed a waiver of any rights or remedies that said party may have and will not be deemed a <br /> waiver of any subsequent breach or default in terms,conditions and covenants herein contained. <br /> H. Severability. If any term or provision of this Agreement or the application thereof <br /> to any person or circumstances will to any extent be invalid and unenforceable, the remainder of <br /> this Agreement or the application of such term or provision to persons or circumstances other than <br /> those as to which it is invalid or unenforceable will not be affected thereby, and each remaining <br /> term of this Agreement will be valid and be enforced to the extent permitted by law. <br /> I. Entire Agreement; Modification. This Agreement sets forth the entire agreement <br /> of the Parties as to the subject matter hereof and supersedes all prior discussions and <br /> understandings between them. Any amendment or modification of this Agreement must be in <br /> writing and signed by the Parties. <br /> J. Counterparts. This Agreement may be executed in more than one counterpart, <br /> each of which shall be deemed an original, and all of which shall constitute one and the same <br /> instrument. <br /> [Signature on next page] <br /> 8 <br />