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• <br /> • <br /> 14.4.Notices. All notices hereunder shall be in writing and delivered by hand,by certified mail,return receipt <br /> requested or by overnight delivery. Notices shall be directed to the parties at such addresses as the parties <br /> may from time to time designate in writing. <br /> 14.5.Entire Agreement; Modification. This Agreement represents the entire agreement between the parties <br /> relating to the subject matter hereof. No provision of this Agreement may be modified,except in writing, <br /> signed by the parties. <br /> 14.6.Controlling Law. This Agreement shall be governed by the laws of the State of Washington without regard <br /> to its conflicts of law provisions. <br /> 14.7.Litigation Costs. In the event any legal action or other proceeding shall be instituted with respect to a <br /> breach of any of the provisions of this Agreement and such a breach shall be held to have occurred,then the <br /> prevailing party shall be entitled to recover all expenses incurred in connection with such action or <br /> proceeding,including reasonable attorneys'fees,through any appeal. <br /> 14.8.Counterparts. This Agreement may be executed by facsimile or PDF and in any number of counterparts, <br /> each of which shall be deemed an original but all of which together shall constitute one and the same <br /> instrument. <br /> 14.9.Severability.If any provision of this Agreement conflicts with governing law or if any provision is held to <br /> be null,void or otherwise ineffective or invalid by a court of competent jurisdiction:(a)such provision shall <br /> be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance <br /> with applicable law;and(b)the remaining terms,provisions,covenants and restrictions of this Agreement <br /> shall remain in full force and effect. <br /> 14.10.Force Majeure. Excluding payment obligations,neither party shall be in breach or otherwise liable for <br /> events beyond the party's control (other than events that could have been avoided or prevented by <br /> commercially reasonable foresight,planning or implementation),including,but not limited to,an act of God, <br /> fire,earthquake,flood or other natural disasters,power failures,acts of government or acts of any third party <br /> (each a"Force Majeure Event").Each party experiencing a Force Majeure Event shall promptly notify the <br /> other party of the nature and expected duration,if known,of the Force Majeure Event. <br /> -8- <br /> 79 <br />