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competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order <br />enjoining disclosure, HCA will release the requested information on the date specified. <br />4.11 COVENANT AGAINST CONTINGENT FEES <br />Contractor warrants that no person or selling agent has been employed or retained to <br />solicit or secure this Contract upon an agreement or understanding for a commission, <br />percentage, brokerage or contingent fee, excepting bona fide employees or bona fide <br />established agents maintained by the Contractor for the purpose of securing business. <br />HCA will have the right, in the event of breach of this clause by the Contractor, to annul <br />this Contract without liability or, in its discretion, to deduct from the contract price or <br />consideration or recover by other means the full amount of such commission, percentage, <br />brokerage or contingent fee. <br />4.12 DEBARMENT <br />By signing this Contract, Contractor certifies that it is not presently debarred, suspended, <br />proposed for debarment, declared ineligible, or voluntarily excluded in any Washington <br />State or Federal department or agency from participating in transactions (debarred). <br />Contractor agrees to include the above requirement in any and all subcontracts into which <br />it enters, and also agrees that it will not employ debarred individuals. Contractor must <br />immediately notify HCA if, during the term of this Contract, Contractor becomes debarred. <br />HCA may immediately terminate this Contract by providing Contractor written notice, if <br />Contractor becomes debarred during the term hereof. <br />4.13 DISPUTES <br />The parties will use their best, good faith efforts to cooperatively resolve disputes and <br />problems that arise in connection with this Contract. Both parties will continue without <br />delay to carry out their respective responsibilities under this Contract while attempting to <br />resolve any dispute. When a genuine dispute arises between HCA and the Contractor <br />regarding the terms of this Contract or the responsibilities imposed herein and it cannot be <br />resolved between the parties' Contract Managers, either party may initiate the following <br />dispute resolution process. <br />4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to <br />the responding party (email acceptable). The responding party will respond in <br />writing within five (5) Business Days (email acceptable). If the initiating party is not <br />satisfied with the response of the responding party, then the initiating party may <br />request that the HCA Director review the dispute. Any such request from the <br />initiating party must be submitted in writing to the HCA Director within five (5) <br />Business Days after receiving the response of the responding party. The HCA <br />Director will have sole discretion in determining the procedural manner in which he <br />or she will review the dispute. The HCA Director will inform the parties in writing <br />within five (5) Business Days of the procedural manner in which he or she will <br />Washington State 15 Description of Services <br />Health Care Authority HCA Contract #K5885 <br />