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prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without <br />transportation charges that is back ordered shall be shipped without charge. <br />WARRANTY: <br />a. General Warranty. Contractor warrants that all services, deliverables, and/or work product <br />under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, <br />profession, or industry. <br />b. System Compliance. Contractor warrants that any information system application(s) shall <br />not experience abnormally ending and/or invalid and/or incorrect results from the application(s) in the <br />operating and testing of the business of the State. This warranty includes, without limitation, century <br />recognition, calculations that accommodate same century and multicentury formulas and data values and <br />date data interface values that reflect the century. Pursuant to NRS 41.0321, the State is immune from <br />liability due to any failure of any incorrect date being produced, calculated or generated by a computer or <br />other information system. <br />AMENDMENTS: The. terms of this contract shall not be waived, altered, modified, supplemented or <br />amended in any manner whatsoever without prior written approval of the WSCA Contract <br />Administrator. <br />ASSIGNMENT/SUBCONTRACT: To the extent that any as of any right under this Contract <br />changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the <br />performance of this Contract, attempts to operate as a novation, or includes a waiver or abrogation of any <br />defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach <br />of this Contract. Neither party may assign this contract or any rights hereunder, without the prior written <br />consent of the other party, which consent shall not be unreasonably withheld, except that Contractor may <br />assign this contract to any parent, subsidiary or affiliate of Contractor or to any purchaser of all or <br />substantially all its assets upon written notification to Customer. <br />NONDISCRIMINATION: The vendor agrees to abide by the provisions of Title VI and Title VII of <br />the Civil Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or <br />applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, <br />or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which <br />prohibits discrimination on basis of sex; 45 CPR 90 which prohibits discrimination on the basis of age, <br />and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which <br />prohibits discrimination on the basis of disabilities. The vendor further agrees to famish information <br />and repots to requesting State(s), upon request, for the purpose of determining compliance with these <br />statutes. Vendor agrees to comply with each individual state's certification requirements, if any, as <br />stated in the special terms and conditions. This contract may be canceled if the vendor fails to comply <br />with the provisions of these laws and regulations. The vendor must include this provision in very <br />subcontract relating to purchases by the States to insure that subcontractors and vendors are bound by <br />this provision. <br />SEVERABILITY: If any provision of this contract is declared by a court to be illegal or in conflict <br />with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and <br />Attachment DD - Page 4 of 15 <br />25K-33