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<br />. <br /> <br />. <br /> <br />3. The State recognizes the Transferee as the Transferor's successor in interest in <br />and to the Original Contract. The Transferee by this Agreement becomes <br />entitled to all rights (including payment), titles, and interests, and assumes all <br />duties, obligations, and liabilities of the Transferor in and to the Original Contract <br />as if the Transferee were the original party to the Original Contract. Following <br />the effective date of this agreement, the term "Contractor" as used in the <br />Original Contract, shall refer to the Transferee. <br /> <br />4. Except as expressly provided in this agreement, nothing herein shall be <br />construed as a waiver of any rights of the State against the Transferor. All <br />payments and reimbursements previously made by the State to the Transferor, <br />and all other previous actions taken by the State under the Original Contract, <br />shall be considered to have discharged those obligations of the State under the <br />Original Contract. All payments and reimbursements made by the State after <br />the date of this agreement in the name of or to the Transferor shall have the <br />same force and effect as if made to the Transferee, and shall constitute a <br />complete discharge of the State's obligations under the Original Contract, to the <br />extent of the amount paid or reimbursed. <br /> <br />5. The effective date of this agreement is the date indicated below the State <br />Controller's signature below. <br /> <br />6, Except for the "Special Provisions," in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this agreement and any of <br />the provisions of the Original Contract, the provisions of this agreement shall in <br />all respects supersede, govern and control. The "Special Provisions" shall <br />always be controlling over other provisions in the contract or this agreement. <br />The representations in the Special Provisions concerning the absence of bribery <br />or corrupt influences and personal interest of State employees are presently <br />reaffirmed by the Transferee. <br /> <br />7, FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE <br />CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT <br />PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE <br />AVAilABLE. <br /> <br />2 <br />