Encl. (1) to COMDTINST 16460.5
12.3 Severability. The invalidity or unenforceability of any provision of this Agreement
shall not affect or impair any other provisions contained herein.
12.4 Successors and Assigns. The covenants, agreements obligations contained in this
Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and upon
their respective successors and assigns. No assignment shall be made without written permission
and written acceptance from the USCG.
12.5 Assignment. Contractor shall not assign or further subcontract its duties and
obligations hereunder without the prior written consent of the USCG, which consent shall not be
unreasonably withheld.
12.6 Notice. Any notice, communication or statement required or permitted to be given
hereunder shall be in writing and deemed to have been sufficiently given when delivered in person
or by registered or certified mail, postage prepaid, return receipt requested, to the address of the
respective party listed above or by filled-in telefacsimile acknowledgment. Either party may, by
ten (10) days' advance written notice to the other, change the addresses set forth above.
12.7 Entire Agreement. This Agreement, with its Exhibits, represents the entire
understanding and agreement between the parties hereto and supersedes any and all prior
agreements whether written or oral, that may exist between the parties regarding same. No terms,
conditions, prior courses of dealing, courses of performance, usage or trade, understandings,
purchase orders or agreements purporting to modify, vary, supplement or explain any provision of
this Agreement shall be effective unless in writing and signed by each perry's representative who is
authorized to amend this Agreement. Other than properly signed change orders, this Agreement
may be amended or modified only by a written amendment to this Agreement signed by both
parties.
12.8 Dispute Resolution. Every attempt shall be made to settle all disputes arising under
this agreement between the parties to this agreement. At the time a claim by the Contractor is
presented to the USCG contracting officer, the parties, by mutual consent, shall agree on the means
of dispute resolution. The Contractor shall proceed diligently with performance of the Contractor
Work pending final resolution of any claim arising under this agreement.
12.9 Survival. The terms and conditions of Article 6 and Sections 3.5, 5.2, 7.1, 7.3, 7.4,
8.1, 9.1, 9.2, 11.2 and 12.1 through and including Section 12.9 shall survive the completion,
termination or expiration of this Agreement.
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