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and effect as if never incorporated, but a11 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 />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 />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 />H. Waiver. Acceptance by either party of partial performance or failure to complain of any <br />action, non-action or default undei- tlus Contract shall not constitute a waiver of either party's <br />rights under the Contract. <br />L 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 />J. Inspections. <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 />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 />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 systein 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 autliorization fiom the State Vital Statistics Ui1it Office. <br />Records printed by accident should be reported to the Security Manager to reset the lifetime <br />count. The State Vital Statistics Lnit is not responsible foi° printers not being turnecl 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 lifetilne counts and the original voided certificate must be sent into the State Vital <br />Statistics Unit Office. <br />926as-i <br />