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First Responder ALS Agreement <br />Page 12 <br />Rev. 01/12/00 <br /> <br />G. Invalidity <br /> <br />If any term, provision, convenant or condition of this Agreement, or any application thereof, should be <br />held by a court of competent jurisdiction to be invalid, void, or unenforceable, all terms, provisions, <br />covenants, and conditions of this Agreement, and all applications thereof, not held invalid, void, or <br />unenforceable, shall continue in full force and effect and shall in no way be affected, impaired or <br />invalidated thereby. The laws of the State of California sha[l apply to the enforcement of this <br />Agreement. <br /> <br />H. Omnibus Provision <br /> <br />Until the expiration of four (4) years after the furnishing of any services pursuant to this Agreement <br />the CONTRACTOR shall make available, upon written request, to the Secretary of the United States <br />Department of Health and Human Services or to the United States Controller General, or to the State <br />of California, or any of their fully authorized representatives, this Agreement, and such books, <br />documents, and records as are necessary to certify the nature and extent of the reasonable cost of <br />services. <br /> <br />I. Delay in Commencement <br /> <br />if the delay in the commencement date of this Agreement is caused by events outside the direct and <br />immediate control of the parties hereto, neither party shall be liable to the other for any loss caused <br />by such delay. <br /> <br />J. Waiver <br /> <br />The failure of either party to insist upon strict performance of any of the terms, convenants or <br />conditions of this Agreement in any one or more instances shall not be construed as a waiver or <br />relinquishment of any such terms, convenants or conditions, and all of the same shall be and remain <br />in full force and effect. <br /> <br />K. Third Party Beneficiary <br /> <br />This Agreement shall not be deemed to have been made for the express or implied benefit of any <br />person who is not a party hereto. <br /> <br />L. Modification of Agreement <br /> <br />From time to time, amendments or modifications to the provisions of this Agreement may be initiated <br />by either party hereto and may be incorporated into this Agreement by mutual consent and in writing <br />as evidenced by resolution of the Board of Supervisors approving such modification. <br /> <br /> <br />