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18.8. BINDING EFFECT;SUCCESSORS&ASSIGNS. This Master Contract shall be binding upon and shall inure
<br /> to the benefit of the parties hereto and their respective successors and assigns.
<br /> 18.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public
<br /> disclosure as required by Washington's Public Records Act, RCW chapter 42.56. The Purchase
<br /> Order and all related documents are subject to the public disclosure requirements of the
<br /> Participant's jurisdiction.
<br /> 18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably
<br /> assigns to Enterprise Services,on behalf of the State of Washington,or any applicable Participant
<br /> any claim for relief or cause of action which the Contractor now has or which may accrue to the
<br /> Contractor in the future by reason of any violation of state or federal antitrust laws in connection
<br /> with any Transit Buses provided in Washington for the purpose of carrying out the Contractor's
<br /> obligations under this Master Contract, including, at Enterprise Services' option, the right to
<br /> control any such litigation on such claim for relief or cause of action.
<br /> 18.11. FEDERAL FUNDS. To the extent that any Participant uses federal funds to purchase goods and/or
<br /> services pursuant to this Master Contract, such Participant shall specify, with its order, any
<br /> applicable requirement or certification that must be satisfied by Contractor at the time the order
<br /> is placed or upon delivery.
<br /> 18.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such
<br /> provision shall not affect or invalidate the remainder of this Master Contract,and to this end the
<br /> provisions of this Master Contract are declared to be severable. If such invalidity becomes known
<br /> or apparent to the parties,the parties agree to negotiate promptly in good faith in an attempt to
<br /> amend such provision as nearly as possible to be consistent with the intent of this Master
<br /> Contract.
<br /> 18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
<br /> conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to
<br /> notify the other party in the event of breach, shall not release the other party of any of its
<br /> obligations under this Master Contract, nor shall any purported oral modification or rescission of
<br /> this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver
<br /> by either party of any breach, default, or violation of any term, warranty, representation,
<br /> contract, covenant, right, condition, or provision hereof shall constitute waiver of any
<br /> subsequent breach, default, or violation of the same or other term, warranty, representation,
<br /> contract, covenant, right, condition,or provision.
<br /> 18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in
<br /> or otherwise made pursuant to this Master Contract shall survive and remain in effect following
<br /> the expiration or termination of this Master Contract, Provided, however,that nothing herein is
<br /> intended to extend the survival beyond any applicable statute of limitations periods.
<br /> 18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master
<br /> Contract shall be governed by and construed in accordance with the laws of the State of
<br /> Washington, without regard to its choice of law rules. The validity, construction, performance,
<br /> and enforcement of Purchase Orders shall be governed by and construed in accordance with the
<br /> laws of the Participant's jurisdiction.
<br /> 18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
<br /> Master Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for
<br /> the State of Washington and agree that in any such action venue shall lie exclusively at Olympia,
<br /> MASTER CONTRACT No.06719-01
<br /> PAGE 29
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