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COVID Agreement for a period of three (3) years from the date of final payment to
<br />Subcontractor under this HHAP-COVID Agreement.
<br />10. CONFIDENTIALITY
<br />If Subcontractor receives from the Contractor information which due to the nature of
<br />such information is reasonably understood to be confidential and/or proprietary, Subcontractor
<br />agrees that it shall not use or disclose such information except in the performance of this HHAP-
<br />COVID Agreement, and further agrees to exercise the same degree of care it uses to protect its
<br />own information of like importance, but in no event less than reasonable care. "Confidential
<br />Information" shall include all nonpublic information. Confidential information includes not only
<br />written information, but also information transferred orally, visually, electronically, or by other
<br />means. Confidential information disclosed to either party by any subsidiary and/or agent of the
<br />other party is covered by this HHAP-COVID Agreement. The foregoing obligations of non-use
<br />and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
<br />available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available
<br />source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality;
<br />(d) is required to be disclosed by operation of law; or (e) is independently developed by the
<br />Subcontractor without reference to information disclosed by the Contractor.
<br />11. CONFLICT OF INTEREST CLAUSE
<br />Subcontractor covenants that it presently has no interests and shall not have interests,
<br />direct or indirect, which would conflict in any manner with performance of services specified
<br />under this HHAP-COVID Agreement.
<br />12. NON-DISCRIMINATION
<br />During the performance of this HHAP-COVID Agreement, Subcontractor and its
<br />subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
<br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
<br />genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
<br />orientation, or military and veteran status, nor shall they discriminate unlawfully against any
<br />employee or applicant for employment because of race, religious creed, color, national origin,
<br />ancestry, physical disability, mental disability, medical condition, genetic information, marital
<br />status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
<br />veteran status. Subcontractor shall insure that the evaluation and treatment of employees and
<br />applicants for employment are free of such discrimination. Subcontractor and its subcontractors
<br />shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section
<br />12900, et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, section 11000, et
<br />seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code
<br />(Gov. Code sections 11135-11139.5), and the regulations or standards adopted by the awarding
<br />state agency to implement such article. Subcontractor shall permit access by representatives of
<br />the Department of Fair Employment and Housing and the awarding state agency upon reasonable
<br />notice at any time during the normal business hours, but in no case less than 24 hours' notice, to
<br />such of its books, records, account, and all other sources of information and its facilities as said
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