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14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />termination practices on the basis of race, religious creed, color, national <br />origin, ancestry, sex, age, or physical handicap and shall comply with the <br />provisions of the California Fair Employment & Housing Act (Government <br />Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. <br />88-352) and all amendments thereto, Executive Order No. 11246 (30 <br />Federal Register 12319), and all administrative rules and regulations <br />issued pursuant to said Acts and Order. AGENCY shall likewise require <br />each sub-agency to comply with this paragraph. In any contract that <br />Agency issues to carry out the Project, Agency shall include a provision <br />that requires the contractor and any of its subcontractors to comply with <br />the above-mentioned federal and state laws, regulations, and orders. <br /> <br />ASSIGNMENT - The rights granted hereby may not be assigned, sold, <br />licensed, or otherwise transferred by either party without the written <br />consent of the other, and any attempt by either party to do so shall be void <br />upon inception. <br /> <br />NON-EFFECT OF WAIVER - AGENCY'S or DISTRICT's failure to insist <br />upon the performance of any or all of the terms, covenants, or conditions <br />of this Contract, or failure to exercise any rights or remedies hereunder, <br />shall not be construed as a waiver or relinquishment of the future <br />performance of any such terms, covenants, or conditions or of the future <br />exercise of such rights or remedies. <br /> <br />ATTORNEY'S FEES - In the event any legal proceeding or action <br />(including arbitration) is filed in connection with the enforcement or <br />interpretation of this Contract, each party shall bear its own attorney's fees <br />and costs. <br /> <br />FORCE MAJEURE - Neither DISTRICT nor AGENCY shall be liable or <br />deemed to be in default for any delay or failure in performance under this <br />Contract or interruption of services resulting, directly or indirectly, from <br />acts of God, civil or military authority, acts of public enemy, war, strikes, <br />labor disputes, shortages of suitable parts, materials, labor, or <br />transportation, or any similar cause beyond the reasonable control of <br />DISTRICT or AGENCY. <br /> <br />SEVERABILITY - In the event that any one or more of the provisions <br />contained in this Contract shall for any reason be held to be unenforceable <br />in any respect by a court of competent jurisdiction, such holding shall not <br />affect any other provisions of this Contract, and this Contract shall then be <br />construed as if such unenforceable provisions are not a part hereof. <br /> <br />HEADINGS - Headings on the paragraphs of this Contract are for <br />convenience and reference only, and the words contained therein shall in <br />no way be held to explain, modify, amplify, or aid in the interpretation, <br />construction, or meaning of the provisions of this Contract. <br /> <br />6 <br /> <br /> <br />