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provision or right in that or any other instance; rather,the same shall be and remain in full force and <br /> effect. <br /> 4) The parties understand and agree that this document constitutes the whole agreement between them <br /> and supersedes all other prior agreements and understandings,whether oral or written,with regard <br /> to the TOD Program.This Agreement shall not be modified or amended except by written <br /> amendment. <br /> 5) The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of <br /> or against either party hereto because of authorship. This Agreement shall be deemed to have been <br /> drafted by both parties. <br /> 6) If a court of competent jurisdiction holds any part,term or provision of this Agreement to be illegal, <br /> or invalid in whole or in part,the validity of the remaining provisions shall not be affected,and the <br /> Parties' rights and obligations shall be construed and enforced as if the Agreement did not contain <br /> the particular provision held to be invalid. <br /> 7) If any provision of this Agreement is in direct conflict with any statutory provision of the State of <br /> Washington,that provision which may conflict shall be deemed inoperative and null and void <br /> insofar as it may conflict and shall be deemed modified to conform to such statutory provision. <br /> 8) This Agreement shall be governed by the laws of the State of Washington, with venue for any <br /> disputes in Snohomish County,Washington. <br /> 9) The undersigned represent that they have full authority to enter into this Agreement and to bind the <br /> legal entities set forth below. <br /> Time of Day Pilot Customer Participant Agreement -- Execution Final_March 2,2020 4 of 7 <br />