LEGAL AID SOCIETY OF ORANGE COUNTY, INC. 7 -2003

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5 15. Neither Party will take any action that would cause either Party to be deemed to be an "income tax return preparer" within the definition of Section 770 I (a)(36) of the United States Internal Revenue Code of 1986, as amended. Each Party acknowledges that neither it nor the other Party is an "income tax return preparer" and neither Party shall, expressly or by implication, represent that it or the other Party is or was at any time an "income tax return preparer" or permit others to infer that it or the other Party is or was at any time an "income tax return preparer". 16. The Parties recognize that, in any tax filing system and in any internet system, there is the potential for fraudulent use. Each Party agrees to take all reasonable and necessary steps, under the circumstances, to prevent fraudulent use ofthe EIC Module and to inform one another promptly if it obtains knowledge of any such fraudulent use. Compliance with this Agreement shall be deemed to satisfy the requirement of this paragraph 16 as between the Parties. 17. In the performance of this Agreement, the Parties shall not discriminate against any person because ofrace, color, national origin, sex or sexual orientation, age, religion or handicap. 18. This Agreement shall be governed by and construed under the laws of the State of California. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried exclusively in the courts ofthe State of California, for the County of Orange, or in the United States District Court for the Central District of California. EITC Program Outreach Participant hereby irrevocably submits to the jurisdiction of those courts for purposes of enforcement of Legal Aid's rights under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 19. No term or provision herein shall be deemed waived and no consent deemed given to any breach of this Agreement unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. No consent or waiver by a Party to a breach of this Agreement by the other, whether expressed or implied, shall constitute consent to, waiver of, or excuse for any other, different or subsequent breach, whether of the same type or different. 20. Legal Aid shall have the right to assign its rights and obligations under this Agreement to any entity controlled by Legal Aid, by sending EITC Program Outreach Participant a written notice to that effect. EITC Program Outreach Participant may not assign its rights and obligations under this Agreement without the prior written consent of Legal Aid.