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<br /> <br /> <br /> <br /> <br /> <br /> and effect as if never incorporated, but all other provisions will continue. Parties represent and <br /> agree that the language contained in this Contract is to be construed as jointly drafted, proposed <br /> and accepted. <br /> <br /> F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract <br /> shall be deemed to have been received by a Party on the third business day after the date on <br /> which it was mailed to the Party at the address first given above (or at such other address as the <br /> Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of <br /> receipt. <br /> <br /> G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION <br /> OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY <br /> DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR <br /> FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY <br /> OPERATION OF LAW. <br /> <br /> H. Waiver. Acceptance by either party of partial performance or failure to complain of any <br /> action, non-action or default under this Contract shall not constitute a waiver of either party's <br /> rights under the Contract. <br /> <br /> 1. Breach of Contract Claim. The process for a breach of contract claim against the Department <br /> provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 <br /> TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to <br /> resolve any claim for breach of contract made against Performing Agency. <br /> <br /> J. Inspections. <br /> <br /> Receiving Agency shall permit authorized Performing Agency personnel, during normal working <br /> hours, to conduct site visits and review such records as needed to ascertain compliance with the <br /> terms of this contract. <br /> <br /> K. Voided Records. <br /> To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged <br /> Records, Performing Agency is asking all Local office staff to be prudent in reviewing and <br /> <br /> checking record information on the computer screen prior to printing. The State Vital Statistics <br /> Unit does not honor nor encourage what some may consider "courtesy or free copies". All <br /> documents printed via the remote access system are considered legal and viable documents. <br /> Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it <br /> can no longer be issued without authorization from the State Vital Statistics Unit Office. <br /> Records printed by accident should be reported to the Security Manager to reset the lifetime <br /> count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing <br /> to wrong printer, printers not working properly, the accidental printing of a wrong record. In <br /> order to reset the lifetime count of a customer, Receiving Agency must notify Performing <br /> Agency Security Manager in writing to clear voided records from the remote access system's <br /> customer lifetime counts and the original voided certificate must be sent into the State Vital <br /> Statistics Unit Office. <br /> <br /> <br /> <br /> 92648-1 4 <br />