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agent or an employee of COUNTY. Further, neither CITY's employees nor subcontractors, agents or <br />anyone else working under or on behalf of CITY shall qualify for workers' compensation or other <br />fringe benefits of any kind through COUNTY. <br />12. ASSIGNMENT OR SUBCONTRACTING <br />The terms, covenants, and conditions contained herein shall apply to and bind the heirs, <br />successors, executors, administrators and assigns of the parties. Furthermore, neither the performance <br />of this Agreement nor any portion thereof may be assigned or sub-contracted by CITY without the <br />express written consent of COUNTY. Any attempt by CITY to assign or sub-contract the <br />performance or any portion thereof of this Agreement without the express written consent of <br />COUNTY shall be invalid and shall constitute a breach of this Agreement. <br />13. NON-DISCRIMINATION <br />In the performance of this Agreement, CITY agrees that it will comply with the <br />requirements of Section 1735 of the California Labor Code and not engage nor permit any <br />subcontractor to engage in discrimination in employment of persons because of the race, religious <br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition, <br />marital status, or sex of such persons. CITY acknowledges that a violation of this provision shall <br />subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, <br />including but not limited to, Section 1720 et seq. of the Califomia Labor Code. <br />14. PROHIBITION AGAINST LOBBYING <br />CITY shall not use any part of the funds received under this Agreement for the purpose <br />of lobbying or for other activities intended to influence any legislation or the outcome of any election. <br />15. BREACH-SANCTIONS <br />If, through any cause, CITY fails to fulfill in a timely and proper manner any of its <br />obligations under this Agreement, or if CITY violates any of the tenors and conditions of this <br />Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY <br />reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts <br />or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or <br />violations, COUNTY shall have the right to: <br />(a) Discontinue project support until such time as CITY fulfills its obligation <br />under this Agreement or any prior Agreement between COUNTY and CITY; <br />(b) Collect such outstanding amounts as are detenmined by COUNTY to be due <br />COUNTY from CITY; <br />(c) Terminate this Agreement by giving written notice to CITY of such <br />termination and specifying the effective date thereof. <br />4 <br />