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EDD Contract No.: M485751 Project Code: 365 EDD /Administrative Entity Page 5 of 5 H. INDEPENDENT CAPACITY: Each of the parties and the agents and employees of each party in the performance of this Agreement shall act in an independent capacity and not as officers and agents of the other party. INSURANCE: The State of California has elected to be insured for its general liability, motor vehicle, and Workers' Compensation liability exposures through aself-insurance program. EDD is covered by aself-insured plan for general liability administered by the State Attorney General's office. EDD is covered by Workers' Compensation insurance pursuant to agreement with the State Compensation Insurance Fund. EDD is covered by self-insured vehicle liability administered by the Office of Insurance and Risk Management of the Department of General Services. NON-DISCRIMINATION: The EDD agrees to conform to federal nondiscrimination requirements as referenced in 29 CFR, Part 34, Subpart B, Section 34.20. Both parties to this Agreement agree to adhere to appropriate federal and State legislation concerning nondiscrimination and affirmative action procedures. K. PROGRAM OPERATION: EDD shall administer this Agreement in accordance with the California Unemployment Insurance Code, and applicable federal and State regulations and directives. I. TERMINATION: This Agreement may be terminated by either of the parties by notifying the other party in writing 30 days prior to the effective date of termination: 1. If during the term of this Agreement, the State and/or federal funds appropriated for the purposes of this Agreement are reduced or eliminated by the California Legislature or the United States government, the Administrative Entity may immediately terminate this Agreement upon written notice to EDD. 2. If this Agreement is terminated before the end of its term, EDD shall be paid for all staff time encumbered or used during this Agreement through the date of termination. 3. Notice required by this paragraph will be effective upon delivery to the Contract Monitor. M. TIMELINESS: Time is of the essence in this Agreement. N. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. O. CONFIDENTIALITY PROVISION: Both parties to this Agreement agree to protect confidential and sensitive information from loss, and unauthorized access, use, modification, disclosure or destruction. Both parties agree to use the protected information pursuant to applicable laws including but not limited to, Civil Code Sections 1798 et seq., (The California Information Practices Act); the California Unemployment Insurance Code Sections 1094 and 2111; the California Penal Code Section 502; and the Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996).