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7.6 Permits and Licenses. Except with respect to permits, <br />licenses, fees and notices imposed or required by the <br />City's site preparation to be completed by the City as <br />required by this Agreement, and except with respect to <br />those which are referenced in the Statement of Work as the <br />responsibility of the City, the Contractor shall procure <br />all permits and licenses, pay all charges and fees and give <br />all notices necessary and incidental to the due and lawful <br />prosecution of the services to be performed by the <br />Contractor hereunder. <br />7.7 Force Majeure. Neither party shall be responsible for <br />delays caused by acts of God or of the public enemy, <br />terrorism, fire, floods, tidal waves, earthquakes, <br />epidemics, strikes, labor disputes, shortage of materials <br />and freight embargoes, power failures or spikes, provided <br />that the party desiring to invoke this clause shall notify <br />the other party in writing of the cause or causes of the <br />delay within ten (10) business days of the beginning of <br />such cause or causes and shall exercise due diligence in <br />attempting to avoid any delays and/or the impacts of any <br />delays. A delay caused by a shortage of materials shall <br />not be excused unless the party seeking to invoke this <br />clause furnishes documentary proof that it has diligently <br />made every effort to obtain such materials from all known <br />sources. <br />7.8 No Third Party Beneficiaries. This Agreement is not <br />intended to create any right in or for the public, or any <br />member of the public, any subcontractor, supplier or any <br />other third party, or to authorize anyone not a party to <br />this Agreement to maintain a suit to enforce or take <br />advantage of its terms. The duties, obligations and <br />responsibilities of the parties to this Agreement with <br />respect to third parties shall remain as imposed by law. <br />7.9 Nondiscrimination Standards. Contractor shall not <br />discriminate in its performance under the Agreement either <br />directly or indirectly on the grounds of race, color, <br />religion, sex, age, national origin, or other prohibited <br />grounds in its employment practices, and shall take <br />affirmative steps to ensure that applicants are employed <br />and employees are treated during employment without regard <br />to race, color, religion, sex, age, national origin, or <br />other prohibited grounds. <br />Primary Agreement Page 25 <br />