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19. ADVANCE PAYMENTS PROHIBITED <br /> The Department shall make no payments in advance or in anticipation of goods or services to be <br /> provided under this contract. Contractor shall not invoice the Department in advance of delivery of <br /> such goods or services. <br /> 20. TAXES <br /> All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, <br /> insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the <br /> Contractor. <br /> 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT <br /> Unless the contract specifically provides for different rates, any travel or subsistence reimbursement <br /> allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and <br /> RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the <br /> Department copies of receipts for any travel related expenses that are authorized under this contract. <br /> 22. GOVERNING LAW AND VENUE <br /> This contract shall be construed and enforced in accordance with, and the validity and performance <br /> hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the <br /> parties arising out of this contract shall be the Superior Court of Thurston County, Washington. <br /> 23. LEGAL RELATIONS <br /> Each party to this contract shall be responsible for injury to persons or damage to property resulting <br /> from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party <br /> assumes any responsibility to the other party for the consequences of any act or omission of any third <br /> party. <br /> 24. WAIVER OF DEFAULT <br /> Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach <br /> of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach <br /> and shall not be construed to be a modification of the terms of the contract unless stated to be such in <br /> writing, signed by The Adjutant General or his Authorized Department Representative and attached to <br /> the original contract. <br /> 25. DISPUTES <br /> The parties shall make every effort to resolve disputes arising out of or relating to this contract through <br /> discussion and negotiation. <br /> Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall <br /> select a dispute resolution team to resolve the dispute. The team shall consist of a representative <br /> appointed by each party and a third representative mutually agreed upon by both parties. The team <br /> shall attempt, by majority vote, to resolve the dispute. <br /> Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial <br /> tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute <br /> resolution method in lieu of the procedure outlined above. <br /> 26. ATTORNEY'S FEES <br /> In the event of litigation or other action brought to enforce contract terms, or alternative dispute <br /> resolution process, each party agrees to bear its own attorney's fees and costs. <br /> 27. TERMINATION OR SUSPENSION FOR CAUSE <br /> In the event the Department determines the Contractor has failed to comply with the conditions of this <br /> contract in an acceptable and timely manner, the Department has the right to suspend or terminate this <br /> contract. The Department shall notify the Contractor in writing of the need to take corrective action. <br /> 1 3 u <br /> DHS-EMPG-FFY 07 Page 10 of 37 City of Everett Emergency Management <br /> E07-344 <br />