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contemporaneous different or additional agreements pertaining to the subject matter of the <br />Contract. <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 5 of 28 <br />4. SEVERABILITY: The Contractor and the State agree that if any provision of this Contract is <br />found to be illegal or unenforceable, such term or provision shall be deemed stricken and the <br />remainder of the Contract shall remain in full force and effect. Either party having knowledge of <br />such term or provision shall promptly inform the other of the presumed non-applicability of <br />such provision. <br />5. INDEPENDENT CONTRACTOR: Contractor and the agents and employees of the Contractor, <br />in the performance of this Contract, shall act in an independent capacity and not as officers or <br />employees or agents of the State. <br />6. APPLICABLE LAW: This Contract shall be governed by and shall be interpreted in <br />accordance with the laws of the State of California; venue of any action brought with regard to <br />this Contract shall be in Sacramento County, Sacramento California. The United Nations <br />Convention on Contracts for the International Sale of Goods shall not apply to this Contract. <br />7. COMPLIANCE WITH STATUTES AND REGULATIONS: <br />a) The State and the Contractor warrants and certifies that in the performance of this <br />Contract, it will comply with all applicable statutes, rules, regulations and orders of the <br />United States and the State of California. The Contractor agrees to indemnify the State <br />against any loss, cost, damage or liability by reason of the Contractors violation of this <br />provision. <br />b) The State will notify the Contractor of any such claim in writing and tender the defense <br />thereof within a reasonable time; and <br />c) The Contractor will have sole control of the defense of any action on such claim and all <br />negotiations for its settlement or compromise; provided that (i) when substantial principles <br />of government or public law are involved, when litigation might create precedent affecting <br />future State operations or liability, or when involvement of the State is otherwise <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575