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14. NON-DISCRIMINATION
<br />Company shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
<br />military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
<br />employment related activities or any services provided under this Agreement. Provider affirms that it is
<br />an equal opportunity employer and shall comply with all applicable federal, state and local laws and
<br />regulations.
<br />15. EXCLUSIVITY AND AMENDMENT
<br />This Agreement may not be modified except by written instrument signed by the City Manager or
<br />their designee and by an authorized representative of Company. The parties agree that any terms or
<br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
<br />and conditions hereof, shall not bind or obligate Company or the City. Each party to this Agreement
<br />acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
<br />been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
<br />16. ASSIGNMENT
<br />City and Company acknowledge that Company was chosen for this Agreement due in part to its
<br />particular experience and expertise in the provision of bus shelters, bus stops and kiosks. Inasmuch as this
<br />Agreement is intended to secure the specialized services of Company, Company may not assign, transfer,
<br />delegate, or subcontract any interest herein without the prior written consent of the City and any such
<br />assignment, transfer, delegation or subcontract, without the City's prior written consent, shall be
<br />considered null and void.
<br />Nothing in this Agreement shall be construed to limit the City's ability to have any of the services
<br />which are the subject to this Agreement performed by City personnel or by other companies retained by
<br />City.
<br />17. TERMINATION
<br />This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
<br />In such event, Company shall be entitled to receive and the City shall pay Company compensation for all
<br />services performed by Company prior to receipt of such notice of termination, subject to the following
<br />conditions:
<br />a. As a condition of such payment, the Executive Director may require Company to deliver
<br />to the City all work product(s) completed as of such date, and in such case such work
<br />product shall be the property of the City unless prohibited by law, and Company consents
<br />to the City's use thereof for such purposes as the City deems appropriate.
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
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