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l MSRC AB 2766 Discretionary Fund
<br />Alternative uels Subvention Fund Match Program
<br />Contract No. AB 2766/S0102
<br />13. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
<br />recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed,
<br />color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of
<br />the California Fair Employment & Housing Act (Government Code Section 12900, et seg.), the Federal
<br />Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30
<br />Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and
<br />Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and
<br />shall include in each such subcontract language similar to this paragraph.
<br />14. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise
<br />transferred by either party without the written consent of the other, and any attempt by either party to
<br />do so shall be void upon inception.
<br />15. NON -EFFECT OF WAIVER - CONTRACTOR's or AQMD's failure to insist upon the performance of
<br />any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or
<br />remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of
<br />any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless
<br />otherwise provided for herein.
<br />16. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
<br />enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys'
<br />fees and costs.
<br />17. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for
<br />any delay or failure in performance under this Contract or interruption of services resulting, directly or
<br />indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes,
<br />shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the
<br />reasonable control of AQMD or CONTRACTOR.
<br />18. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall
<br />for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such
<br />holding shall not affect any other provisions of this Contract, and the Contract shall then be construed
<br />as if such unenforceable provisions are not a part hereof.
<br />19. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only,
<br />and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the
<br />interpretation, construction, or meaning of the provisions of this Contract.
<br />20. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
<br />force and effect of an original.
<br />21. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
<br />thereby shall be determined in accordance with the laws of the State of California. Venue for
<br />resolution of any dispute shall be Los Angeles County, California.
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