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<br /> <br /> <br />Agreement, each party shall pay its own attorney’s fees incurred in that action, <br />arbitration or proceeding. <br /> <br />8.04 INCORPORATION BY REFERENCE. The following items are hereby <br />incorporated by reference into this Agreement: <br /> <br />A. US Dept. of Health and Human Services: “Guidelines for Vaccine Storage <br />and Handling” <br /> <br />B. Washington State Department of Health Immunization Program: Provider <br />Guidelines for Receipt of Publicly Supplied Vaccine <br /> <br /> <br />ARTICLE IX <br />TERMINATION <br /> <br />9.01 TERMINATION. Any party hereto may terminate this Agreement upon thirty (30) <br />days notice in writing either personally delivered or mailed postage -prepaid by <br />certified mail, return receipt requested, to the party’s last known address for the <br />purposes of giving notice under this paragraph. If this Agreement is so terminated, <br />the parties shall be liable only for performance rendered in accordance with the <br />terms of this Agreement prior to the effective date of termination. <br /> <br /> <br />ARTICLE X <br />GENERAL PROVISIONS <br /> <br />10.01 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. This agreement <br />can be reviewed and mutually amended in writing as needed by the board <br />members of the participating parties. Any waiver of a term or condition of this <br />Agreement shall apply only to the specific act, occurrence or omission and shall <br />not constitute a waiver as to any other term or condition or future act, occurrence <br />or omission. Waiver or breach of any term or condition of this Agreement shall not <br />be considered a waiver of any prior or subsequent breach. <br /> <br />10.02 ASSIGNMENT. Neither party may assign its rights or delegate its duties under <br />this Agreement, whether by assignment, further, subcontract or other means. Any <br />such attempted assignment or delegation shall be void and shall constitute a <br />material breach of this Agreement. <br /> <br />10.03 SEVERABILITY. In the event any term or condition of this Agreement or <br />application thereof to any person or circumstances is held invalid, such invalidity <br />shall not affect other terms, conditions or applications of this Agreement which can