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Agreement No. 20230907 <br /> mutual consent of the Parties,expressed in writing and signed by the Parties. <br /> 26.6. Severabilitv. If any provision of this Agreement is declared invalid,its other provisions shall not <br /> be affected thereby. <br /> 26.7. No Waiver. No failure of either Party to assert any right or remedy hereunder will act as a waiver <br /> of either Party's right to assert such right or remedy at a later time or constitute a course of business upon which <br /> either Party may rely for the purpose of denial of such a right or remedy. <br /> 26.8. Applicable Law;Claims.This Agreement and all subsequent amendments thereto,if any,shall be <br /> governed and construed in accordance with the laws of the State of Illinois. Any claim against Grantor arising out <br /> of this Agreement must be filed exclusively with the Illinois Court of Claims, 705 ILCS 505/1 et seq. Grantor does <br /> not waive sovereign immunity by entering into this Agreement. <br /> 26.9. Compliance with Law.This Agreement and Grantee's obligations and services hereunder are <br /> hereby made and must be performed in compliance with all applicable federal and State laws,including,without <br /> limitation,federal regulations,State administrative rules,including 44 III.Admin.Code 7000,and any and all <br /> license requirements or professional certification provisions. <br /> 26.10. Compliance with Confidentiality Laws. If applicable,Grantee shall comply with applicable state <br /> and federal statutes,federal regulations and Grantor administrative rules regarding confidential records or other <br /> information obtained by Grantee concerning persons served under this Agreement.The records and information <br /> shall be protected by Grantee from unauthorized disclosure. <br /> 26.11. Compliance with Freedom of Information Act. Upon request,Grantee shall make available to <br /> Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the <br /> Freedom of Information Act.(5 ILCS 140/7(2)). <br /> 26.12. Precedence. <br /> (a) Except as set forth in subparagraph(b),below,the following rules of precedence are <br /> controlling for this Agreement:In the event there is a conflict between this Agreement and any of the <br /> exhibits or attachments hereto,this Agreement shall control.In the event there is a conflict between <br /> PART ONE and PART TWO or PART THREE of this Agreement,PART ONE shall control.In the event there <br /> is a conflict between PART TWO and PART THREE of this Agreement,PART TWO shall control.In the <br /> event there is a conflict between this Agreement and relevant statute(s)or rule(s),the relevant statute(s) <br /> or rule(s)shall control. <br /> (b) Notwithstanding the provisions in subparagraph(a),above,if a relevant federal or state <br /> statute(s)or rule(s)requires an exception to this Agreement's provisions,or an exception to a <br /> requirement in this Agreement is granted by GATU,such exceptions must be noted in PART TWO or PART <br /> THREE,and in such cases,those requirements control. <br /> 26.13. Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois Grant Funds <br /> Recovery Act and the Grant Accountability and Transparency Act,the provisions of the Grant Accountability and <br /> Transparency Act shall control.30 ILLS 708/80. <br /> 26.14. Headings.Article and other headings contained in this Agreement are for reference purposes <br /> only and are not intended to define or limit the scope,extent or intent of this Agreement or any provision hereof. <br /> State of Illinois <br /> GRANT AGREEMENT FISCAL YEAR 2023 1/18/22 <br /> Page 25 of 35 <br />