Laserfiche WebLink
<br />MISC No. CW2255478 <br /> <br />4 | Page <br />Reviewed By: JRK 060823 <br /> <br />ii. END USER and any subcontractors shall abide by the requirements of 41 C.F.R. 60-300.5(a) and <br />41 C.F.R. 741.5(a). These regulations prohibit discrimination against qualified protected veterans, <br />and qualified individuals on the basis of disability, respectively, and require affirmative action by <br />covered prime contractors and subcontractors to employ and advance in employment qualified <br />protected veterans and qualified individuals with disabilities, respectively. <br />g. NO THIRD-PARTY BENEFICIARIES <br />Except as expressly set forth in this Agreement, none of the provisions of this Agreement shall inure to the benefit <br />of or be enforceable by any third party. <br />h. WAIVERS <br />The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this <br />Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment <br />to any extent of the first Party’s right to assert or rely upon any such provision or right in that or any other instance; <br />rather, the same shall be and remain in full force and effect. <br />i. SEVERABILITY <br />i. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or <br />invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the Parties’ <br />rights and obligations shall be construed and enforced as if the Agreement did not contain the particular <br />provision held to be invalid. <br />ii. If any provision of the Agreement is in direct conflict with any statutory provision of the State of <br />Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as <br />it may conflict, and shall be deemed modified to conform to such statutory provision. <br />j. AMENDMENT <br />No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a <br />written amendment to this Agreement signed by both Parties. <br />k. DEFINITIONS <br />Unless otherwise required by the text of this Agreement, all technical terms contained herein shall have the <br />meaning ordinarily assigned to them in the electric utility industry. <br />l. DRAFTING OF AGREEMENT <br />Both Parties have participated in the drafting of this Agreement. As such, it is agreed by the Parties that the <br />general contract rule of law that ambiguities in the contract language shall be construed against the drafter of a <br />contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement <br />and its terms and conditions are being interpreted and/or enforced. <br />m. GOVERNING LAW <br />This Agreement shall be governed by the laws of the State of Washington, with venue for any disputes in <br />Snohomish County, Washington; provided that venue for any matter that is within the jurisdiction of the Federal <br />Court shall be in the United States District Court for the Western District of Washington at Seattle, Washington. <br />Each Party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient <br />forum to the maintenance of proceedings in such courts. <br />n. COUNTERPARTS <br />This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all <br />of which together shall constitute one and the same instrument. <br /> <br />