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EDD Contract No. M52226-7100 <br />EDDICIty of Santa Ana <br />Page 1 of 1 <br />EXHIBIT D <br />(Standard Agreement) <br />SPECIAL TERMS AND CONDITIONS <br />1. Force Majeure <br />Neither party shall be liable to the other for any delay in or failure of performance, nor shall <br />any such delay in or failure of performance constitute default, if such delay or failure is caused <br />by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of <br />war (e.g., riots and strikes) and acts of God (e.g„ such as earthquakes, floods, and other <br />natural disasters) such that performance is impossible. <br />2. Workforce Innovation and Opportunity Act <br />Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation <br />and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced <br />in 29 C.F.R., Parts 37 and 38. <br />3. Settlement of Disputes <br />Any dispute concerning a question of fact arising under the term of this Agreement which is <br />not disposed of within a reasonable period of time (ten days) by the Contractor and State <br />employees normally responsible for the administration of this contract shall be brought to the <br />attention of the Chief Executive Officer (or designated representative) of each organization <br />for joint resolution. <br />4. Termination <br />This Agreement may be terminated by EDD giving written notice to the Contractor <br />30 days prior to the effective date of such termination. <br />