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5 <br /> 3.2 Payment Method <br /> PSE will submit an invoice to Snohomish by the 30th of each month for the <br /> previous calendar month's installations. Snohomish will pay to PSE the amount of <br /> any invoice for the payment amounts referred to in Section 3 within thirty (30) days <br /> after the date of such invoice. PSE may accept any check or payment without <br /> prejudice to its rights to recover the balance due or to pursue other rights or remedies. <br /> No endorsement or statement on any check or payment or letter accompanying any <br /> check or payment or elsewhere will be construed as an accord or satisfaction. All <br /> amounts payable under this Agreement are denominated in United States dollars and <br /> Snohomish will pay all amounts payable under this Agreement in lawful money of the <br /> United States. <br /> 3.3 Taxes <br /> Snohomish will be responsible for the payment of all taxes of whatever nature and <br /> source, levied on or with respect to the amounts stated in PSE's invoices, exclusive of any <br /> taxes based on PSE's net income. <br /> 3.4. Consideration <br /> In consideration for Snohomish payments as part of this Agreement, Snohomish <br /> will realize estimated electrical savings as follows: Annual kWh Savings per <br /> Spray Head: 2847 kWH; Annual kWh Savings per Aerator: 2109 kWh. Exhibit 2 <br /> presents the specific calculations used to document these savings expectations. • <br /> Estimated savings are made by Snohomish and are based upon historical usage <br /> and may vary due to factors beyond PSE's control, including but not limited to <br /> customer usage patterns. <br /> Section 4. Relationship of Parties <br /> 4.1 City of Everett <br /> As between PSE and City of Everett, PSE will maintain full and complete <br /> control and responsibility for the Pre-Rinse Spray Head Program and the performance <br /> thereof; provided, however, the Pre-Rinse Spray Head Program Services contemplated <br /> herein will be subject to City of Everett's general rights of direction and must be approved <br /> in advance by City of Everett. Notwithstanding the foregoing, the Parties acknowledge <br /> and agree that they are dealing with each other hereunder as independent contractors. <br /> Nothing contained in this Agreement will be interpreted as constituting either Party as <br /> the joint venturer, agent, employee, franchisee or partner of the other Party or as <br /> conferring upon either Party the power of authority to bind the other Party in any <br /> PAGE 4 <br /> 14 <br />