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11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION <br />11.1 The SUB -RECIPIENT shall not use or disclose any confidential information, or information which <br />may be classified as confidential information as defined in RCW 42.56.590, for any purpose, except with <br />prior written consent of the WTSC, or as may be required by law. Notwithstanding any provision to the <br />contrary, SUB-RECIPIENT's use of confidential information will be in compliance with all applicable state <br />and federal law. <br />11.2 NETWORK ACCESS. During its performance of this Agreement, SUB -RECIPIENT may be granted <br />access to WTSC's computer and telecommunication networks ("Networks"). As a condition of Network <br />use, SUB -RECIPIENT shall: (a) use the Networks in compliance with all applicable laws, rules, and <br />regulations; (b) use software, protocols, and procedures as directed by WTSC to access and use the <br />Networks; (c) only access Network locations made available to SUB -RECIPIENT by WTSC; (d) not <br />interfere with or disrupt other users of the Networks; (e) assure the transmissions over the Networks by <br />SUB -RECIPIENT (i) do not contain any libelous, defamatory, profane, offensive, obscene, pornographic, or <br />unlawful material, and (ii) are not used to perform any illegal activities, including but not limited to, <br />encouraging, selling, or soliciting illegal drugs, gambling, pornography, prostitution, robbery, spreading <br />computer worms or viruses, hacking into computer systems, or trafficking credit card codes; and (f) <br />upon termination or expiration of the Agreement, relinquish all IP addresses or address blocks assigned <br />to them on the Networks. <br />12. COST PRINCIPLES <br />Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. <br />13. COVENANT AGAINST CONTINGENT FEES <br />The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, <br />brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application <br />for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach <br />of this section by the SUB -RECIPIENT, to annul this Agreement without liability. <br />14. DISPUTES <br />14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the <br />parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final <br />and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written <br />decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's <br />appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by <br />the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide <br />by the decision. <br />page 8 of 26 <br />