|
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 Agreement. The foregoing obligations of non-use and
<br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
<br />sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c)
<br />is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is
<br />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 Agreement.
<br />12. NON-DISCRIMINATION
<br />During the performance of this HHAP Agreement, Subcontractor and its subcontractors
<br />shall not deny the contract's benefits to any person on the basis of race, religious creed, color,
<br />national origin, ancestry, physical disability, mental disability, medical condition, genetic
<br />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
<br />Department or Agency shall require to ascertain compliance with this clause. Subcontractor and
<br />its subcontractors shall give written notice of their obligations under this clause to labor
<br />organizations with which they have a collective bargaining or other agreement. (See Cal. Code
<br />Regs., tit. 2, section 11105.)
<br />13. EXCLUSIVITY AND AMENDMENT
<br />This HHAP Agreement and the State HHAP Agreement represent the complete and
<br />exclusive statements between the Contractor and Subcontractor, and supersede any and all other
<br />agreements, oral or written, between the parties. In the event of a conflict between the terms of
<br />
|