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11 <br /> DISPUTES <br /> In the event that a dispute arises under this Agreement, it shall be determined by a <br /> Dispute Board in the following manner: Each party to this Agreement shall appoint one <br /> member to the Dispute Board. The members so appointed shall jointly appoint an <br /> additional member to the Dispute Board. The Dispute Board shall review the facts, <br /> agreement terms and applicable statutes and rules and make a determination of the <br /> dispute. The determination of the Dispute Board shall be final and binding on the parties <br /> hereto. As an alternative to this process, either of the parties may request intervention by <br /> the Governor, as provided by RCW 43.17.330, in which event the Governor's process will <br /> control. <br /> GOVERNANCE <br /> This Agreement is entered into pursuant to and under the authority granted by the laws of <br /> the state of Washington and any applicable federal laws. The provisions of this <br /> Agreement shall be construed to conform to those laws. <br /> In the event of an inconsistency in the terms of this Agreement, or between its terms and <br /> any applicable statute or rule, the inconsistency shall be resolved by giving precedence in <br /> the following order: <br /> a. Applicable state and federal statutes and rules; <br /> b. Statement of work; and <br /> c. Any other provisions of the agreement, including materials incorporated by <br /> reference. <br /> ASSIGNMENT <br /> The work to be provided under this Agreement, and any claim arising thereunder, is not <br /> assignable or delegable by either party in whole or in part, without the express prior written <br /> consent of the other party, which consent shall not be unreasonably withheld. <br /> WAIVER <br /> A failure by either party to exercise its rights under this Agreement shall not preclude that <br /> party from subsequent exercise of such rights and shall not constitute a waiver of any <br /> other rights under this Agreement unless stated to be such in a writing signed by an <br /> authorized representative of the party and attached to the original Agreement. <br /> SEVERABILITY <br /> If any provision of this Agreement or any provision of any document incorporated by <br /> reference shall be held invalid, such invalidity shall not affect the other provisions of this <br /> Agreement which can be given effect without the invalid provision, if such remainder <br /> 46 <br />