Laserfiche WebLink
Page 7 of 10 <br />#210221v1 <br /> <br />10. NON-DISCRIMINATION <br /> <br /> Grantor shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic <br />information, or military and veteran status, age, national origin, ancestry, o r disability, as defined <br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, <br />promotion, termination or other employment related activities or any services provided under this <br />Agreement. Grantor affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br /> <br />11. EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement between the City and <br />Grantor, and supersedes any and all other agreements, oral or written, between the parties. In the <br />event of a conflict between the terms of this Agreement and any attachments hereto, the terms of <br />this Agreement shall prevail. This Agreement may not be modified except by written in strument <br />signed by the City and by an authorized representative of Grantor. The parties agree that any terms <br />or conditions of any document that are inconsistent with, or in addition to, the terms and conditions <br />hereof, shall not bind or obligate Grantor or the City. Each party to this Agreement acknowledges <br />that no representations, inducements, promises or agreements, orally or otherwise, have been made <br />by any party, or anyone acting on behalf of any party, which is not embodied herein. <br /> <br />12. TERMINATION <br /> <br />This Agreement may be terminated by either Grantor or the City for good cause. <br /> <br />A. Good cause shall include: <br /> <br />1) The other Party (1) entering voluntarily into liquidation, or at any time prior to the <br />expiration of the term of this Agreement, ceasing to carry on business for whatever <br />reason, or (2) breach of any material term of this Agreement that is not cured within <br />thirty (30) days of written notice of such breach by the other Part y; <br />2) The other Party files for bankruptcy or the Party’s assets are subject to foreclosure <br />proceedings that are not cancelled within four (4) weeks; and/or <br />3) There is a significant deterioration in the other Party’s financial situation. <br /> <br />B. Notice of termination must be made in writing to the address set forth in this Agreement. <br /> <br />C. City acknowledges that Grantor and the RePlay partners have invested substantial time and <br />money in the development of Lay’s RePlay pitch. In the event that City terminates this <br />Agreement prior to the end of the term, City understands that Grantor and its partners will <br />in turn assess whether the investment period has reached its maturity and breakeven point, <br />including a cost analysis. Grantor and the RePlay partners will determine whether the <br />Pitch, its amenities, its branding, and its visible logos will remain intact in their intended <br />form on the provided location of the Pitch or whether it would be dismantled to serve its <br />Exhibit 1