Snohomish County PUD 8/29/2024 - Laserfiche WebLink

Tree Power Program Grant Agreement 4 Court for Snohomish County, Washington, or in the United States District Court for the Western District of Washington. 11. Fair Meaning. The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either Party hereto because of authorship. This Agreement shall be deemed to have been drafted by all Parties. 12. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the Parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. 13. Amendments No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment signed by both parties. 14. Assignment Grantee shall not assign its rights or obligations under this Agreement to any other party without the prior express written consent of the PUD. 15. Authority to Bind Parties and Enter Into Agreement. The undersigned represent that they have full authority to enter into this Agreement and to bind the Parties for and on behalf of the legal entities set forth below. 16. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below. (Signatures on Following Page)