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9 <br /> unenforceable provisions were omitted. <br /> XVIII.AMENDMENT. No change, amendment or modification of any provision of this Agreement shall be <br /> valid unless set forth in a written amendment to this Agreement signed by both Parties. <br /> X I X. HEADINGS. All headings herein are inserted only for convenience and ease of reference and are not to <br /> be considered in the construction or interpretation of any provision of this Agreement. <br /> X X. SEVERABILITY. If any provision of this Agreement or the application of such provision to any person <br /> or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to <br /> persons or circumstances other than those to which it is held invalid shall not be affected thereby. <br /> X X I. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall <br /> be deemed an original,but all of which together shall constitute one and the same instrument. <br /> X X II. ATTORNEYS' FEES. In the event any action or suit is brought by either Party under or in connection <br /> with this Agreement, the prevailing Party will be entitled to recover from the other Party, as part of its judg- <br /> ment, reasonable attorneys' fees and expenses and its costs of suit. <br /> XX I I I. G 0 V E R N I N G LAW; VENUE. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Washington (regardless of the laws that might otherwise govern under applicable <br /> principles of conflicts of law of such state). Venue for any action arising under or in connection with this <br /> Agreement shall be in the Superior Court for Snohomish County, Washington, or in the United States District <br /> Court for the Western District of Washington. <br /> XXIV. RULES OF CONSTRUCTION; STATUTORY REFERENCES. Whenever in this Agreement the <br /> context so suggests, references to the masculine shall be deemed to include the feminine, references to the sin- <br /> gular shall be deemed to include the plural, and references to "or" shall be deemed to be disjunctive but not <br /> necessarily exclusive.No provision of this Agreement shall be construed in favor of or against either of the Par- <br /> ties hereto by reason of the extent to which any such Party or its counsel participated in the drafting thereof or <br /> by reason of the extent to which such provision or any other provision or provisions of this Agreement is or are <br /> inconsistent with any prior draft thereof. Any reference to statutes or laws will include all amendments, modifi- <br /> cations, or replacements of the specific sections and provisions concerned. <br /> IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first above written. <br /> PUBLIC UTILITY DISTRICT NO. 1 OF <br /> SNOHOMISH COUNTY, WASHINGTON <br /> By: <br /> Its: <br /> CUSTOMER <br /> Snohomish County PUD Net Metering Agreement Rev.4/2011 7 <br /> Reviewed: ALS 6-27-11 6 7 <br />