CONTRACT USAGE AGREEMENT PARTIES Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services: โช Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; โช Federal governmental agencies or entities; โช Public-benefit nonprofit corporations (i.e., ยง 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and โช Federally-recognized Indian Tribes located in the State of Washington.
Agreement Price The "Agreement Price" shall be the higher of (a) the fair market value of the Shares to be purchased determined in good faith by the Board of Directors of the Company and (b) the original exercise price of the Shares to be purchased.
Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.
AGREEMENT OF THE PARTIES The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party hereto. Neither Executive nor the Company shall be entitled to any presumption in connection with any determination made hereunder in connection with any arbitration, judicial or administrative proceeding relating to or arising under this Agreement.