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EDD Agreement No. M9113792 <br />EDD/City of Santa Ana <br />Page 1 of 1 <br />EXHIBIT D <br />(Standard Agreement) <br />SPECIAL TERMS AND CONDITIONS <br />1. Settlement of Disputes <br />In the event of a dispute between EDD and the Contractor over any part of this Agreement, <br />the dispute may be submitted to non -binding arbitration upon the consent of both EDD and <br />the Contractor. An election for arbitration to this provision shall not preclude either party <br />from pursuing any remedy for relief otherwise available. <br />2. Workforce Innovation and Opportunity Act <br />The Contractor agrees to conform to nondiscrimination provisions of the Workforce <br />Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as <br />referenced in 29 CFR, Parts 37 and 38. <br />Contractor agrees to conform to the provisions of the Workforce Innovation and Opportunity <br />Act (WIOA) and the contract requirements as referenced in 29 CFR Part 200 and 2 CFR <br />Part 2900, <br />3. Agency Liability <br />The Contractor warrants by execution of this Agreement, that no person or selling agency <br />has been employed or retained to solicit or secure this Agreement upon agreement or <br />understanding for a commission, percentage, brokerage, or contingent fee, excepting bona <br />fide employees or bona fide established commercial or selling agencies maintained by the <br />Contractor for the purpose of securing business. For breach or violation of this warranty, the <br />State shall, in addition to other remedies provided by law, have the right to annul this <br />Agreement without liability, paying only for the value of the work actually performed, or <br />otherwise recover the full amount of such commission, percentage, brokerage, or contingent <br />fee. <br />4. Force Maieure <br />Neither party shall be liable to the other for any delay in or failure of performance, nor is <br />caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: <br />Acts of war and acts of god such as earthquakes, floods, and other natural disasters such <br />shall any such delay in or failure of performance constitute default, if such delay or failure <br />that performance is impossible. <br />