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~. \.. ~ 7.7 Force Majeure. Neither party shall be responsible for delays caused by acts of God or of the public enemy, terrorism, fire, floods, tidal waves, earthquakes, epidemics, strikes, labor disputes, shortage of materials and freight embargoes, power failures or spikes, provided that the party desiring to invoke this clause shall notify the other party in writing of the cause or causes of the delay within ten (10) business days of the beginning of such cause or causes and shall exercise due diligence in attempting to avoid any delays and/or the impacts of any delays. A delay caused by a shortage of materials shall not be excused unless the party seeking to invoke this clause furnishes documentary proof that it has diligently made every effort to obtain such materials from all known sources. 7.8 No Third Party Beneficiaries. This Agreement is not intended to create any right in or for the public, or any member of the public, any subcontractor, supplier or any other third party, or to authorize anyone not a party to this Agreement to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. 7.9 Nondiscrimination Standards. Contractor shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color. religion. sex, age. national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race. color. religion, sex. age. national origin. or other prohibited grounds. 7.10 Conflict of Interest. The Contractor hereby certifies that no officer, agent or employee of the City who may have a pecuniary interest in this Agreement has participated in the procurement of this Agreement on the part of the City, that this Agreement was procured in good faith without fraud, collusion or connection of any kind with any other vendor for the same call for proposals and the Contractor has competed solely in its own behalf without obligation to any undisclosed person or firm. 7.11 Notices. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person' (b) sent by facsimile transmission indicating receipt at th facsimile number where sent; (c) upon receipt after being deposited with a reputable overnight air courier service; or Primary Agreement Page 22