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14.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public
<br />disclosure as required by Washington's Public Records Act, RCW chapter 42.56.
<br />14.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor Irrevocably
<br />assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or
<br />cause of action which the Contractor now has or which may accrue to the Contractor in the
<br />future by reason of any violation of state or federal antitrust laws in connection with any
<br />goods provided in Washington for the purpose of carrying out the Contractor's obligations
<br />under this Master Contract, including, at Enterprise Services' option, the right to control any
<br />such litigation on such claim for relief or cause of action.
<br />14.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase goods
<br />pursuant to this Master Contract, such Purchaser shall specify, with its order, any applicable
<br />requirement or certification that must be satisfied by Contractor at the time the order is
<br />placed or upon delivery.
<br />14.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable,
<br />such provision shall not affect or invalidate the remainder of this Master Contract, and to this
<br />end the provisions of this Master Contract are declared to be severable. If such invalidity
<br />becomes known or apparent to the parties, the parties agree to negotiate promptly in good
<br />faith in an attempt to amend such provision as nearly as possible to be consistent with the
<br />intent of this Master Contract.
<br />14.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
<br />conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or
<br />to notify the other party in the event of breach, shall not release the other party of any of its
<br />obligations under this Master Contract, nor shall any purported oral modification or rescission
<br />of this Master Contract by either party operate as a waiver of any of the terms hereof. No
<br />waiver by either party of any breach, default, or violation of any term, warranty,
<br />representation, contract, covenant, right, condition, or provision hereof shall constitute
<br />waiver of any subsequent breach, default, or violation of the same or other term, warranty,
<br />representation, contract, covenant, right, condition, or provision.
<br />14.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth
<br />in or otherwise made pursuant to this Master Contract shall survive and remain in effect
<br />following the expiration or termination of this Master Contract, Provided, however, that
<br />nothing herein is intended to extend the survival beyond any applicable statute of limitations
<br />periods.
<br />14.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master
<br />Contract shall be governed by and construed in accordance with the laws of the State of
<br />Washington, without regard to its choice of law rules.
<br />14.16. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this
<br />Master Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court
<br />for the State of Washington and agree that in any such action venue shall lie exclusively at
<br />Olympia, Washington.
<br />14.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order
<br />to enforce this Master Contract or any provision hereof, or in connection with any alleged
<br />dispute, breach, default, or misrepresentation in connection with any provision herein
<br />contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and
<br />MASTER CONTRACT No. 01417 15
<br />(Rev. 6-26-2019)
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