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DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3
<br />I. ASSIGNMENT: The terms, covenants, and conditions contained herein shall apply to and bind the
<br />heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the
<br />performance of this Contract nor any portion thereof may be assigned by Contractor without the
<br />express written consent of County. Any attempt by Contractor to assign the performance or any
<br />portion thereof of this Contract without the express written consent of County shall be invalid and
<br />shall constitute a breach of this Contract.
<br />NON-DISCRIMINATION: In the performance of this Contract, Contractor agrees that it will comply
<br />with the requirements of Section 1735 of the California Labor Code and not engage nor permit any
<br />subcontractors to engage in discrimination in employment of persons because of the race, religious
<br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
<br />marital status, or sex of such persons. Contractor acknowledges that a violation of this provision
<br />shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
<br />K. TERMINATION: In addition to any other remedies or rights it may have by law, County has the
<br />right to immediately terminate this Contract without penalty for cause or after 30 days' written
<br />notice without cause, unless otherwise specified. Cause shall be defined as any material breach of
<br />contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its
<br />right to terminate the Contract shall relieve County of all further obligations.
<br />L. CONSENT TO BREACH NOT WAIVER No term or provision of this Contract shall be deemed
<br />waived and no breach excused, unless such waiver or consent shall be in writing and signed by the
<br />party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by
<br />the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any
<br />other different or subsequent breach.
<br />M. INDEPENDENT CONTRACTOR: Contractor shall be considered an independent contractor and
<br />neither Contractor, its employees, nor anyone working under Contractor shall be considered an
<br />agent or an employee of County. Neither Contractor, its employees nor anyone working under
<br />Contractor shall qualify for workers' compensation or other fringe benefits of any kind through
<br />County.
<br />N. PERFORMANCE WARRANTY: Contractor shall warrant all work under this Contract, taking
<br />necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be
<br />responsible for the professional quality, technical assurance, timely completion and coordination
<br />of all documentation and other goods/services furnished by the Contractor under this Contract.
<br />Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner;
<br />shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall
<br />at its sole expense obtain and maintain all permits and licenses required by public authorities,
<br />including those of County required in its governmental capacity, in connection with performance
<br />of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed
<br />by subcontractors.
<br />O. INSURANCE PROVISION: Contractor will need to comply with the following insurance
<br />requirements if making the deliveries to the County of Orange. No insurance is required if a
<br />common carrier makes deliveries to the County of Orange.
<br />Prior to the provision of services under this Contract, the Contractor agrees to purchase all required
<br />insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy
<br />the County that the insurance provisions of this Contract have been complied with. Contractor
<br />agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit
<br />with the County during the entire term of this Contract. In addition, all subcontractors performing
<br />work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same
<br />terms and conditions as set forth herein for Contractor.
<br />Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant
<br />County of Orange, County Procurement Office Page 3 of 26 RCA-017-23010049
<br />Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation
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