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shall continue to be the employees or agents ofthat parfy and shall not be considered for any purpose to be the
<br />employees or agents of the other party.
<br />4.3 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
<br />and for those of its directors or trustees, officers, employees, agents, and volunteers. Neither party shall be
<br />responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement.
<br />4.4 Insurance. CWtl may require Contractor, prior to the commencement of services, to provide
<br />CWU with proof of insurance acceptable to CWU and naming CWU as additional insured. Such proof of insurance,
<br />if required, rt utt Ur attached to and made part of this Agreement, and Contractor warrants that such insurance shall
<br />remain in effect during the term of this Agreement.
<br />4.5 Non-Discrimination. The parties to this Agreement each agree to comply with applicable federal
<br />and state laws prohibiting discrimination in education, employment, or public accommodations based on age' sex,
<br />marital status, sexual orientation, race, creed, color, national origin, genetic information, honorably discharged
<br />veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog or
<br />service animal by a person with a disability.
<br />4.6 Records and Audits. The parties recognize that business records created, maintained, or used in
<br />the performance of this Agreement may constifute public records subject to the public disclosure and retention
<br />requirements under applicable state law. Each pa4y will retain its business records relating to this Agreement for
<br />the applicable retention period(s) and will make such records available upon request for inspection and audit by the
<br />other party or by authorized representatives of the Washington State Auditor.
<br />4.7 Complete Agreement; Modification. This Agreement constitutes the entire agreement between
<br />the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or
<br />written, express or implied. The parties agree that no other representations, inducements, promises, agreements, or
<br />warranties ielating to ihir Agr""r.nt, oral or otherwise, have been made to or by them. No modification or waiver
<br />of this Agreement shall be valid or binding unless in writing and signed by the parties.
<br />4.8 Governing Law; Venue; Severability. This Agreement shall be governed by the laws of the
<br />State of Washington. Venue for any dispute under this Agreement shall be in Kittitas Counfy, Washington. If any
<br />provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this
<br />Agr""*.nt that can be given effect without the invalid provision, if such remainder is consistent with applicable law
<br />and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
<br />to be severable.
<br />4.g Waiver. The waiver by a party of any default or breach of this Agreement, or the failure of a
<br />party to enforce any provision hereofor to exercise any right or privilege hereunder, shall not be deemed to waive
<br />an/prio-r olSublqqu€ut breaeh lrdefaultlheenfotoementolany provisior hereo{ or the exerciseof any right or
<br />priuit"g" G.eundei, unless otherwise stated in a writing signed by an authorized representative of the party and
<br />attached to the original Agreement.
<br />4.10 Notices. Written notices required or permitted to be provided by a party to the other party under
<br />this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and
<br />return-receipt requested. Notice ^uy b" provided by regular first class mail if simultaneous notice is provided by
<br />electronic mail. Notices will be ssnt to the parties at the following mailing addresses:
<br />Central Washington University Kittitas County Public Health Department
<br />400 East University Way 507 N' Nanum Street, Ste' 102
<br />Ellensburg, WA98926-7480 Ellensburg, W498926
<br />The address of a party for the receipt of notice may be changed at any time by written notice provided in accordance
<br />herewith.
<br />4.ll Contract Administration. The contract administrator and principal point of contact for each
<br />party to this Agreement shall be as follows, subject to change by written notice.
<br />CWU Standard Agreement
<br />Approved as to Form / Assistant Attorney General /09.29.15
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