25. LOBBYING. The parties agree, whether expressly prohibited by federal law, or otherwise, that <strong>no</strong> funding associated withthis contract will be used <strong>for</strong> any purpose associated with or related to lobbying or influencing or attempting to lobby orinfluence <strong>for</strong> 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 elected<strong>of</strong>ficial; orc. Any <strong>of</strong>ficer or employee <strong>of</strong> 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, pr<strong>of</strong>ession, or industry; shall con<strong>for</strong>m to or exceedthe specifications set <strong>for</strong>th in the incorporated attachments; and shall be fit <strong>for</strong> ordinary use, <strong>of</strong> good quality, with <strong>no</strong> materialdefects.b. System Compliance. Contractor warrants that any in<strong>for</strong>mation system application(s) shall <strong>no</strong>t experience ab<strong>no</strong>rmallyending and/or invalid and/or incorrect results from the application(s) in the operating and testing <strong>of</strong> the business <strong>of</strong> the State.27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf <strong>of</strong> eachparty has full power and authority to enter into this Contract. Contractor ack<strong>no</strong>wledges that as required by statute or regulationthis Contract is effective only after approval by the State Board <strong>of</strong> Examiners and only <strong>for</strong> the period <strong>of</strong> time specified in theContract. Any services per<strong>for</strong>med by Contractor be<strong>for</strong>e this Contract is effective or after it ceases to be effective are per<strong>for</strong>medat the sole risk <strong>of</strong> Contractor.28. NOTIFICATION OF UTILIZATION OF CURRENT OR FORMER STATE EMPLOYEES. Contractor has disclosedto the State all persons that the Contractor will utilize to per<strong>for</strong>m services under this Contract who are Current StateEmployees or Former State Employees. Contractor will <strong>no</strong>t utilize any <strong>of</strong> its employees who are Current State Employees orFormer State Employees to per<strong>for</strong>m services under this contract without first <strong>no</strong>tifying the Contracting Agency <strong>of</strong> the identity<strong>of</strong> such persons and the services that each such person will per<strong>for</strong>m, and receiving from the Contracting Agency approval <strong>for</strong>the use <strong>of</strong> such persons.29. ASSIGNMENT OF ANTITRUST CLAIMS. Contractor irrevocably assigns to the State any claim <strong>for</strong> relief or cause <strong>of</strong>action which the Contractor <strong>no</strong>w has or which may accrue to the Contractor in the future by reason <strong>of</strong> any violation <strong>of</strong> state<strong>of</strong> <strong>Nevada</strong> or federal antitrust laws in connection with any goods or services provided to the Contractor <strong>for</strong> the purpose <strong>of</strong>carrying out the Contractor's obligations under this Contract, including, at the State’s option, the right to control any suchlitigation on such claim <strong>for</strong> relief or cause <strong>of</strong> action. Contractor shall require any subcontractors hired to per<strong>for</strong>m any <strong>of</strong>Contractor'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 <strong>of</strong> any violation <strong>of</strong> state <strong>of</strong> <strong>Nevada</strong> or federal antitrustlaws in connection with any goods or services provided to the subcontractor <strong>for</strong> the purpose <strong>of</strong> carrying out thesubcontractor's obligations to the Contractor in pursuance <strong>of</strong> this Contract, including, at the State’s option, the right to controlany such litigation on such claim or relief or cause <strong>of</strong> action.30. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations <strong>of</strong> the parties hereto shall be governedby, and construed according to, the laws <strong>of</strong> the State <strong>of</strong> <strong>Nevada</strong>, without giving effect to any principle <strong>of</strong> conflict <strong>of</strong> laws thatwould require the application <strong>of</strong> the law <strong>of</strong> any other jurisdiction. The parties consent to the exclusive jurisdiction <strong>of</strong> the FirstJudicial District Court, Carson City, <strong>Nevada</strong> <strong>for</strong> en<strong>for</strong>cement <strong>of</strong> this Contract.31. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entireagreement <strong>of</strong> the parties and as such are intended to be the complete and exclusive statement <strong>of</strong> the promises, representations,negotiations, discussions, and other agreements that may have been made in connection with the subject matter here<strong>of</strong>. Unlessan integrated attachment to this Contract specifically displays a mutual intent to amend a particular part <strong>of</strong> this Contract, generalconflicts in language between any such attachment and this Contract shall be construed consistent with the terms <strong>of</strong> thisContract. Unless otherwise expressly authorized by the terms <strong>of</strong> this Contract, <strong>no</strong> 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 <strong>of</strong> the Attorney General and the State Board <strong>of</strong> Examiners.ORIENTATION VIDEO PRODUCTION RFP No. <strong>1004</strong>-REHAB Page 25
IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to be signed andintend to be legally bound thereby.Independent Contractor's Signature Date Independent's Contractor's TitleAdministrator, Rehabilitation DivisionMaureen Cole Date Title________Frank R. Woodbeck Date TitleDirector, <strong>Department</strong> <strong>of</strong> Employment, Training and RehabilitationSignature - Board <strong>of</strong> ExaminersAPPROVED BY BOARD OF EXAMINERSOn(Date)Approved as to <strong>for</strong>m by:Deputy Attorney General <strong>for</strong> Attorney GeneralOn(Date)ORIENTATION VIDEO PRODUCTION RFP No. <strong>1004</strong>-REHAB Page 26
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