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Revised 07-25-2014
<br /> 15. ORDER OF PRECEDENCE
<br /> In the event of an inconsistency in this Contract, unless otherwise provided in this Contract, the inconsistency shall
<br /> be resolved by giving precedence in the following order:
<br /> 1. Applicable Federal and Washington State Laws, Statutes and Regulations;
<br /> 2. Attachment A, General Terms & Conditions as contained in this basic Contract;
<br /> 3. Attachment B, Statement of Work,Attachments C, Vehicles Subject to Fees File Layout and Attachments D,
<br /> Vehicles not Subject to Fees File Layout;
<br /> 4. Any other provisions of this Contract and documents incorporated by reference or otherwise.
<br /> 16. ASSIGNMENT
<br /> The work to be provided under this Contract, and any claim arising there under, is not assignable or delegable by either
<br /> party in whole or in part.
<br /> 17. WAIVER
<br /> Unless the Contract is amended in writing by an authorized representative of DOL and the TBD, waiver of a default
<br /> under this Contract, or failure by DOL or the TBD to exercise its rights shall not be considered a modification or
<br /> amendment to the Contract; or constitute a waiver of any subsequent default.
<br /> 18. LIMITATION OF STATE LIABILITY
<br /> The parties agree that in no event shall the state of Washington, the Department, the Director of the Department or
<br /> any Department employees, be liable to Contractor for any damages, costs, lost production, or any other loss of any
<br /> kind for failure of the Department's equipment, hardware or software to perform for any reason, or for the loss of
<br /> consequential damage which is the result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire,
<br /> failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other
<br /> disasters.
<br /> The state of Washington, the Department, the Director of the Department or any Department employee shall not be
<br /> liable for any claim of any nature against Contractor by any party arising from any failure in the service furnished by
<br /> the Department under this Contract, for any errors, mistakes or acts on the part of the Department or its agents
<br /> which result in the failure of the Department's equipment or software which fails to perform for any reason or for any
<br /> other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of war, epidemics,
<br /> acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear
<br /> accidents or other disasters.
<br /> 19. SEVERABILITY
<br /> If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such
<br /> invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, if
<br /> such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this
<br /> end the provisions of this Contract are declared to be severable.
<br /> 20. INTERLOCAL CONTRACT
<br /> This is an Interlocal Contract entered into pursuant to the authorization of Chapter 39.34 RCW. Accordingly, the
<br /> following provisions are set forth in accordance with the provisions of RCW 39.34.030.
<br /> a. This Contract shall be perpetual unless terminated as herein provided.
<br /> b. No separate legal or administrative entity is created by this Contract.
<br /> c. The cooperative undertakings of the parties shall be financed as provided herein. Each party shall separately
<br /> establish and maintain a budget for its own functions.
<br /> d. No joint property shall be acquired, held or disposed of. Any real or personal property used in the joint or
<br /> cooperative undertaking shall be considered to be and remain the property of the party who purchased such real
<br /> or personal property.
<br /> e. This Contract shall be effective when posted on the website of either the DOL or the jurisdiction in which the TBD
<br /> has been created in accordance with RCW 39.34.040.
<br /> 21. CONTRACT MANAGEMENT
<br /> The Contract Manager for each of the parties as named on page one(1)of this Contract shall be responsible for and
<br /> shall be the contact person for all communications and billings regarding the performance of this Contract.
<br /> ***THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK***
<br /> File Name: K5155
<br /> Attachment A,General Terms And Conditions Page 4 of 7
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