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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 />CITY OF EVERETT <br />Signature:Caffie -arn4 2 <br />Name: Cassie Franklin <br />Title: Mayor <br />Date: 2/10/2023 <br />APPROVED AS TO FORM <br />j <br />OFFKE OF THE CITY ATTORNEY <br />Attest: <br />112 147- <br />EVERETT Office of the City Clark <br />Telephone Number: 425-257-7112 <br />Email: <br />PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY <br />Signature: <br />Name: L6 1/1%11,4tas <br />Title: Soli..V6Gq#i& /ievevi t/F jl4 <br />Date: a/e23/.2,3 <br />Telephone Number: 42r 3f4-5 07 <br />Email: IQB/riCA%fW7S(FJ SSNO,U.O. eATX4 <br />EXHIBIT 1 <br />TIME OF DAY RATE SCHEDULE ENROLLMENT FORM <br />Time of Day Pilot Customer Participant Agreement -- Draft Execution Final Dec 2, 2022 4 of 6 <br />