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9 DOL Contract No.K4666 <br /> DOL Account No. 911154 <br /> Contractor Contract No. <br /> ORDER OF PRECEDENCE <br /> Agreement is entered into pursuant to and under the authority granted by the laws of the state of <br /> Washington and any applicable federal laws. The provisions of this Agreement shall be construed <br /> to conform to those laws. - <br /> In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br /> applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following <br /> order: <br /> 1. Applicable state and federal statutes and rules; <br /> 2. Terms and Conditions set forth in this Agreement; <br /> 3. Statement of Work; and any attachments; <br /> 4. Any other provisions of the Agreement, including materials incorporated by reference. <br /> ASSIGNMENT <br /> The ability of the Contractor to obtain data pursuant to this Agreement shall not be assigned or <br /> delegated in whole or in part, except as expressly provided by this Agreement or by the express <br /> prior written consent of DOL. <br /> WAIVER <br /> A failure by either party to exercise its rights under this Agreement shall not preclude that party from <br /> subsequent exercise of such rights and shall not constitute a waiver of any other rights under this <br /> Agreement unless stated to be such in a writing signed by an authorized representative of the party <br /> and-attached-to tire-original Agreement. - <br /> RIGHTS OF INSPECTION <br /> Each party shall provide right of access to the other party, or any of its officers, or to any other <br /> authorized agent or official of the state of Washington or the federal government at all <br /> reasonable times, in order to monitor and evaluate performance, compliance, and/or quality <br /> assurance of internal policies and procedures, and/or records relating to the safeguarding, use, <br /> and disclosure of Confidential Information obtained or used as a result of this Agreement. Each <br /> party shall make available information necessary for the other party to comply with an individual's <br /> right to access, amend, and receive an accounting of disclosures of their Confidential <br /> Information. <br /> SEVERABILITY <br /> If any provision of this Agreement or any provision of any document incorporated by reference shall <br /> be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be <br /> given effect without the invalid provision, if such remainder conforms to the requirements of <br /> applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this <br /> Agreement are declared to be severable. <br /> INDEMNIFICATION <br /> Each party to this agreement shall be responsible for its own acts and/or omissions and those of its <br /> officers, employees and agents. No party to this agreement shall be responsible for the acts and/or <br /> omissions of entities or individuals not a party to this agreement. <br /> File Name:K4666 Page 5 of 14 4/9/2013 <br /> Terms and Conditions <br /> 48 <br />