Res 2016-001/ (“WIC”) Program Contract with Texas Department of State Health Services

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based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non- enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.10 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 9.11 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war•, terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.12 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.13 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the Enterprise Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the Enterprise Agency's prior review and approval, which the Enterprise Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the Enterprise Agency and any Federal agency, as appropriate. 9.14 Prohibition on Non - compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non - compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. Attachment B - DSHS Contract No. 2016 - 048775 -001 Page 17 of 19