State of Washington 12/4/2017 - Laserfiche WebLink

(a) Any criminal, civil,or administrative liability arising under state revenue codes; (b) Any criminal liability not specifically released by this Agreement; (c) Any civil or administrative liability that any person or entity, including any Released Entities, has or may have to the State or to individual consumers or state program payors under any statute, regulation or rule not expressly covered by the release in Paragraph 2 above,including but not limited to,any and all of the following claims: (i) State or federal antitrust violations; (ii) Claims involving unfair and/or deceptive acts and practices and/or violations of consumer protection laws; (d) Any liability to the State for any conduct other than the Covered Conduct; (e) Any liability based upon obligations created by this Agreement; (f) Any administrative liability not involving the Covered Conduct, including, but not limited to,mandatory exclusion from the State's Medicaid program; (g) Any liability of individuals. 4. The City agrees to make payment within fourteen (14) business days of the Effective Date of this Agreement. (a) In the event that the City fails to pay any amount as provided above within fourteen (14)business days of the date on which such payment is due,the City shall be in default of its payment obligations (Default) under this Agreement. The State will provide Notice of Default via email to counsel for the City, and it shall have the opportunity to cure such Default within seven (7) business days from the date of receipt of the notice. if the City fails to cure such Default within seven (7) business days of receiving the Notice of Default, the unpaid balance of the Settlement Amount shall become immediately due and payable, and interest shall accrue at the rate of 12 percent per annum from the date of Default on the remaining unpaid total (principal and interest balance). The City shall also consent to a Consent Judgment in the amount of the unpaid balance, and the State, at its sole option, may (a) offset the remaining unpaid balance from any amounts due and owing to the City by the State at the time of Default; (b)collect the entire unpaid balance of the Settlement Amount, plus interest, from the date of Default,and all other amounts due upon the event of Default as specified in this paragraph; (c) file a Complaint against the City for the Covered Conduct; or (d) exercise any other rights granted by law or in equity, including referral of this matter for private collection. In the event the Complaint is filed pursuant to subsection (c) of this paragraph, the City agrees not to plead, argue, or otherwise raise any defenses under the theories of statute of limitations, laches, estoppel, or similar theories to the Covered Conduct, except to the extent such defenses were available on the Effective date of this Agreement. The City agrees not to contest any Consent Judgment, offset, or any collection action undertaken by the State pursuant to this paragraph, either administratively or in any state or federal court. The City shall pay the State all {AGS1604567.DOCX;2/13113.000005/} Page 3 of 7