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OSOS No. 818K-1402 Page 4 of 5 3. The service or product provided by this Agreement shall be either available for pickup or shipped from the ARCHIVES’ facility at 1129 Washington Street SE, Olympia, WA 98504. 4 Except as otherwise provided in this Agreement, when a bona fide dispute arises between ARCHIVES and the CUSTOMER, and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Secretary of State or the delegate authorized in writing to act on behalf of the Secretary of State. A. The request for a dispute hearing must: · be in writing; · state the disputed issues(s); · state the relative positions of the parties; · state the party’s name, address, and contract number; and · be mailed to the Secretary of State or delegate and party’s (respondent’s) Agreement Manager. · The respondent shall send a written answer to the requester’s statement to both the Secretary of State or delegate and the requester within fifteen (15) business days. B. The Secretary of State or delegate shall review the written statements and reply in writing to both parties within ten (10) business days. The Secretary of State or delegate may extend this period if necessary by notifying the parties. C. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in the Agreement shall be construed to limit the parties’ choice of a mutually acceptable Alternate Dispute Resolution (ADR) method in addition to the dispute resolution procedure outlined above. 5. This Agreement shall be construed and interpreted in accordance with the law of the state of Washington. The venue of any legal action brought hereunder shall be in the Superior Court for Thurston County. 6. Each party to this agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this agreement shall be responsible for the act and/or omissions of entities or individuals not a party to this agreement. 7. This Agreement may be modified only in writing by the parties executed with the same formalities required to execute this Agreement. 8. If any clause, phrase, sentence, or paragraph of this Agreement is declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. 9. If any conflicts exist between the text of this Agreement and any Statement of Work, the Agreement shall prevail.