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<br />'-' <br /> <br />." <br /> <br />9.0 Emergencies. <br /> <br />Any emergency situation affecting the welfare of SUPERINTENDENTS <br />employees or the examinees including but not limited to riot. fire, flood and natural <br />disaster shall be immediately communicated between the Parties. <br /> <br />10.0 Records and Retention. <br /> <br />SUPERINTENDENT shall have access to records of CITY pertinent to the <br />services performed pursuant to this MOU for auditing and evaluation purposes. Each of <br />the Parties shall maintain all pertinent records for a period of five (5) years from the <br />termination of this MOU or for any period required thereafter-by statute. <br /> <br />11.0 Non-discrimination. <br /> <br />CITY and SUPERINTENDENT agree that they will not engage in unlawful <br />discrimination in employment of persons because of race, color, religious creed, <br />national origin, ancestry, disability, age, medical condition, marital status, gender or <br />sexual orientation. <br /> <br />12.0 Conflict of Interest Clause <br /> <br />SUPERINTENDENT covenants that it presently has no interests and shall not <br />have interests, direct or indirect, which would conflict in any manner with performance <br />of services specified under this MOU. <br /> <br />13.0 Termination. <br /> <br />This MOU may be terminated by either party without cause upon notification to <br />the other party in writing thirty (30) calendar days in advance of the desired date of <br />termination. <br /> <br />14.0 Waiver of Breach <br /> <br />The failure of SUPERINTENDENT or CITY to seek redress for violation of, or to <br />insist upon, the strict performance of any term or condition of this MOU, shall not be <br />deemed a waiver by that party of such term or condition, or prevent a subsequent <br />similar act from again constituting a violation of such term or condition. <br /> <br />15.0 Non-assignment of Agreement <br /> <br />Inasmuch as this AGREEMENT is intended to secure the specialized services of <br />SUPERINTENDENT, SUPERINTENDENT may not assign, transfer, delegate, <br /> <br />Page 5 of 7 <br /> <br />File: A-34 <br />