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comply with all applicable State contracting laws, codes, rules <br /> and regulations in the performance of this Agreement. <br /> C. If the DEPARTMENT is named as a co-defendant pursuant to <br /> Government Code Sections 895, et seq, the GRANTEE shall notify <br /> the DEPARTMENT and represent it unless the DEPARTMENT elects to <br /> represent itself. If the DEPARTMENT undertakes its own defense, <br /> it shall bear its own litigation costs, expenses and attorney's <br /> fees. <br /> ARTICLE IX - WAIVER OF RIGHTS <br /> It is the intention of the parties hereto that from time to time <br /> either party may waive certain of its rights under this CONTRACT. Any <br /> waiver at this time by either party hereto of its rights with respect <br /> to a default or any other matter arising in connection with this <br /> CONTRACT shall not be deemed to be a waiver with respect to any other <br /> default or matter. <br /> ARTICLE X - REMEDIES NOT EXCLUSIVE <br /> The use by either the DEPARTMENT or GRANTEE of any remedy specified <br /> in this CONTRACT for the enforcement of this CONTRACT is not <br /> exclusive and shall not deprive the party using such remedy of, or <br /> limit the application of, any other remedy provided by law. <br /> 72 9 <br />