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'T <br /> 9 <br /> DOL Contract No.K4666 <br /> DOL Account No. 911154 <br /> Contractor Contract No. <br /> application. SecureAccess Washington is considered to have this strong authentication <br /> mechanism. <br /> Each party shall take due care to protect the shared data from unauthorized physical and <br /> electronic access as described in this Agreement. <br /> INDEPENDENT CAPACITY <br /> The employees or agents of each party who are engaged in the performance of this Agreement <br /> shall continue to be employees or agents of that party and shall not be considered for any <br /> purpose to be employees or agents of the other party. <br /> SUBCONTRACTING <br /> With prior written consent, either party may enter into subcontracts for any of the work or services <br /> contemplated under this Agreement. Consent shall not be unreasonably withheld.This clause <br /> does not include contracts of employment between a party and personnel assigned to work <br /> under this Agreement. Each party is responsible for ensuring that all terms, conditions, <br /> assurances and certifications set forth in this Agreement are carried forward to any subcontracts. <br /> AGREEMENT ALTERATIONS AND AMENDMENTS <br /> This Agreement may be amended by mutual Agreement of the parties. Such amendments shall not <br /> be binding unless they are in writing and signed by personnel authorized to bind each of the parties. <br /> TERMINATION FOR CONVENIENCE <br /> Either party may terminate this Agreement upon 30 days' prior written notification to the other party. <br /> if this Agreement is so terminated, the parties shall be liable only for performance rendered or costs <br /> incurred in accordance with the terms of this Agreement prior to the effective date of termination. <br /> TERMINATION FOR CAUSE <br /> if for any cause, either party does not fulfill in a timely and proper manner its obligations under this <br /> Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give <br /> the other party written notice of such failure or violation. The responsible party will be given the <br /> opportunity to correct the violation or failure within 15 working days. If failure or violation is not <br /> corrected,this Agreement may be terminated immediately by written notice of the aggrieved party to <br /> the other. <br /> TERMINATION OF ACCESS <br /> Each party may at its discretion disqualify an individual authorized by the other party from gaining <br /> access to data.pursuant to Driver and Plate Search Application and Employee List, Attachment C, <br /> which is attached hereto and incorporated by reference. Notice of termination of access will be by <br /> written notice and become effective upon receipt by the other party. Termination of access of one <br /> individual by either party does not affect other individuals authorized under this Agreement. <br /> DISPUTES <br /> In the event that a dispute arises under this Agreement, a Dispute Board shall determine it in the <br /> following manner: Each party to this Agreement shall appoint one member to the Dispute Board. <br /> The members so appointed shall jointly appoint an additional member to the Dispute Board. The <br /> Dispute Board shall review the facts,Agreement terms and applicable statutes and rules and make a <br /> determination of the dispute. The determination of the Dispute Board shall befinal and binding on <br /> the parties hereto. As an alternative to this process, either of the parties may request intervention by <br /> the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. <br /> GOVERNANCE <br /> This Contract shall be construed and interpreted in accordance with the laws of the state of <br /> Washington and the venue of any action brought hereunder shall be in the Superior Court for <br /> Thurston County. <br /> File Name:K4666 Page 4 of 14 4/9/2013 <br /> Terms and Conditions <br /> . 47 <br />