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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />any noncompliance or default by the other party with respect to any of the terms of this Agreement <br />shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of <br />the parties hereto of any of the covenants, conditions, or agreements to be performed by the other <br />shall not be construed to be a waiver of any succeeding breach thereof, or of any other covenant, <br />condition, or agreement herein contained. <br />35. SERVICES DURING EMGERNCY OR DISASTER <br />35.1 Contractor acknowledges that service usage may surge during or after an <br />emergency or disaster. For purposes of this Agreement, an emergency is defined as a sudden, <br />urgent, usually unexpected occurrence or event requiring immediate action to protect the health <br />and well-being of County residents. A disaster is defined as an occurrence that has resulted in <br />property damage, deaths, and/or, injuries to a community. Emergencies and/or disasters as <br />described above may require resources or support beyond the local government's capability and <br />will typically involve a proclamation of a local emergency by the local governing body (e.g., city <br />council, county board of supervisors, or State) and may be declared at the federal level by the <br />President of the United States. <br />35.2 Contractor agrees to collaborate with County, on an urgent basis, to adjust service <br />delivery in a manner that assists County in meeting the needs of participants County identifies as <br />being impacted by emergencies and/or disasters. Time limited adjustments may include but are <br />not limited to: providing services at different location(s), assigning staff to work days or hours <br />beyond typical work schedules or that may exceed contracted Full Time Equivalents (FTEs), <br />reassigning staff to an assignment in which their experience or skill is needed, and prioritizing <br />services for participants as requested by County. <br />35.3 Contractor shall service County during emergencies and/or declared disaster under <br />the same terms and conditions that apply during non-emergency/disaster conditions. With the <br />exception of overtime hours, which require pre -authorization, reimbursement of ordinary <br />expenditures provided during or after an emergency/disaster shall be calculated by the same rates <br />that apply during non-emergency/disaster conditions. <br />36. PUBLICITY LITERATURE ADVERTISEMENTS AND SOCIAL MEDIA <br />WGM0319 <br />Pa e 33 of 40 <br />25�-35 <br />3-31-2020 <br />