request for proposal no. 1004-rehab - Nevada Department of ...

25. LOBBYING. The parties agree, whether expressly prohibited by federal law, or otherwise, that no funding associated withthis contract will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby orinfluence for any purpose the following:a. Any federal, state, county or local agency, legislature, commission, counsel or board;b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other electedofficial; orc. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board.26. WARRANTIES.a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall becompleted in a workmanlike manner consistent with standards in the trade, profession, or industry; shall conform to or exceedthe specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no materialdefects.b. System Compliance. Contractor warrants that any information system application(s) shall not experience abnormallyending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of the State.27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of eachparty has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulationthis Contract is effective only after approval by the State Board of Examiners and only for the period of time specified in theContract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performedat the sole risk of Contractor.28. NOTIFICATION OF UTILIZATION OF CURRENT OR FORMER STATE EMPLOYEES. Contractor has disclosedto the State all persons that the Contractor will utilize to perform services under this Contract who are Current StateEmployees or Former State Employees. Contractor will not utilize any of its employees who are Current State Employees orFormer State Employees to perform services under this contract without first notifying the Contracting Agency of the identityof such persons and the services that each such person will perform, and receiving from the Contracting Agency approval forthe use of such persons.29. ASSIGNMENT OF ANTITRUST CLAIMS. Contractor irrevocably assigns to the State any claim for relief or cause ofaction which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of stateof Nevada or federal antitrust laws in connection with any goods or services provided to the Contractor for the purpose ofcarrying out the Contractor's obligations under this Contract, including, at the State’s option, the right to control any suchlitigation on such claim for relief or cause of action. Contractor shall require any subcontractors hired to perform any ofContractor's obligations under this Contract to irrevocably assign to the State, as third party beneficiary, any right, title orinterest that has accrued or which may accrue in the future by reason of any violation of state of Nevada or federal antitrustlaws in connection with any goods or services provided to the subcontractor for the purpose of carrying out thesubcontractor's obligations to the Contractor in pursuance of this Contract, including, at the State’s option, the right to controlany such litigation on such claim or relief or cause of action.30. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governedby, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict of laws thatwould require the application of the law of any other jurisdiction. The parties consent to the exclusive jurisdiction of the FirstJudicial District Court, Carson City, Nevada for enforcement of this Contract.31. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entireagreement of the parties and as such are intended to be the complete and exclusive statement of the promises, representations,negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unlessan integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, generalconflicts in language between any such attachment and this Contract shall be construed consistent with the terms of thisContract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contractshall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by theOffice of the Attorney General and the State Board of Examiners.ORIENTATION VIDEO PRODUCTION RFP No. 1004-REHAB Page 25