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MYTH 1 CS <br /> Unrivaled Oracle Expertise <br /> does not preclude a court from ordering injunctive relief. Both damages and injunctive relief shall <br /> be proper modes of relief and are not to be considered as alternative remedies. <br /> E. Washington Transparency Laws. COMPANY acknowledges that the CLIENT is subject to the <br /> Washington Public Records Act, chapter 42.56 RCW and other Washington statutes related to open <br /> government and record retention(collectively, the "Transparency Laws"). If the CLIENT receives a <br /> records request under the Transparency Laws that requests any records that may be considered <br /> Confidential Information of COMPANY,then the CLIENT shall use reasonable efforts to give written <br /> notice to COMPANY. If COMPANY desires that the records not be disclosed, COMPANY shall <br /> commence an action in Snohomish County Superior Court before the disclosure date. <br /> Notwithstanding anything to the contrary in the Agreement or any Statement of Work or in this <br /> Section V.E,the CLIENT has no liability whatsoever to COMPANY for the disclosure of or retention <br /> of any record when that disclosure is consistent with the Transparency Laws or with an order applying <br /> the Transparency Laws entered by the Snohomish County Superior Court or a Washington appellate <br /> court. <br /> VI. COVENANTS <br /> A. Performance Covenants. <br /> i. COMPANY represents and warrants that (a) it has no obligations to any third party which <br /> will in any way limit or restrict its ability to perform the Services; (b) it is capable of <br /> performing all of the Services; and (c) COMPANY is in compliance with all applicable U.S. <br /> federal,state and local laws,rules and regulations,concerning immigration,employment and <br /> taxes. <br /> ii. COMPANY warrants that its services will be performed in a professional and workmanlike <br /> manner in accordance with generally accepted industry standards. This warranty shall be <br /> valid for ninety(90)days from completion of service. <br /> THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR <br /> IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR <br /> CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br /> PURPOSE. FOR ANY BREACH OF THE WARRANTY, CUSTOMER'S EXCLUSIVE <br /> REMEDY,AND COMPANY'S ENTIRE LIABILITY,SHALL BE THE RE-PERFORMANCE <br /> OF THE DEFICIENT SERVICES, OR IF COMPANY CANNOT SUBSTANTIALLY <br /> CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY <br /> END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO COMPANY FOR <br /> THE DEFICIENT SERVICES. <br /> iii. COMPANY may be required to provide personnel who have successfully passed a <br /> background investigation and drug screening. COMPANY will be required to contract with <br /> a company which is licensed to provide this service. The results of the background <br /> investigation and drug screening will be made available to CLIENT, if requested. The <br /> CLIENT will have final approval in the selection of personnel meeting this requirement. <br /> Page 6 of 14 <br /> 1439 N. Great Neck Rd.,Virginia Beach,VA 234541757 412 4362 1 Fax 757 412 10601 www.mythics.com <br />