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<br />11/10/2008 <br /> <br />shall at all times comply with all applicable State contracting laws, <br /> <br />codes, rules and regulations in the performance of this Agreement. <br /> <br />C. If the DEPARTMENT is named as a co-defendant pursuant to <br /> <br />Government Code Sections 895, et seq, the GRANTEE shall notify the <br /> <br />DEPARTMENT and represent it unless the DEPARTMENT elects to <br /> <br />represent itself. If the DEPARTMENT undertakes its own defense, it <br /> <br />shall bear its own litigation costs, expenses and attorneyrs fees. <br /> <br />ARTICLE VIII - WAIVER OF RIGHTS <br /> <br />It is the intention of the parties hereto that from time to time either <br /> <br />party may waive certain of its rights under this CONTRACT. Any waiver <br /> <br />at this time by either party hereto of its rights with respect to a <br /> <br />default or any other matter arising in connection with this CONTRACT <br /> <br />shall not be deemed to be a waiver with respect to any other default or <br /> <br />matter. <br /> <br />ARTICLE IX - REMEDIES NOT EXCLUSIVE <br /> <br />The use by either the DEPARTMENT or GRANTEE of any remedy specified in <br /> <br />this CONTRACT for the enforcement of this CONTRACT is not exclusive and <br /> <br />shall not deprive the party using such remedy of, or limit the <br /> <br />application of, any other remedy provided by law. <br /> <br />ARTICLE X - OPINIONS AND DETERMINATIONS <br /> <br />Where the terms of CONTRACT provide for action to be based upon the <br /> <br />opinion, <br /> <br />judgment, <br /> <br />approval, <br /> <br />review, or determination of <br />5 <br /> <br />ei ther the <br />14906 <br />MUFF 706 <br />