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• • <br />restrictions; strikes, freight embargoes or delays in transportation; to the extent <br />that they are not caused by the party's willful or negligent acts or omissions and <br />to the extent that they are beyond the party's reasonable control. <br />§405. Breach <br />Except for excusable delays, if any party fails to perform, in whole or in part, any <br />promise, covenant, or agreement set forth herein, or should any representation <br />made by it be untrue, any aggrieved party may avail itself of all rights and <br />remedies, at law or equity, in the courts of law. Said rights and remedies are <br />cumulative of those provided for herein except that in no event shall any party <br />recover more than once, suffer a penalty or forfeiture, or be unjustly <br />compensated. <br />§406. Prohibition Against Assignment or Delegation <br />SUB-RECIPIENT may not, unless it has first obtained the written permission of <br />the CITY: <br />A. Assign or otherwise alienate any of its rights hereunder, including the right <br />to payment; or <br />B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. <br />§407. Permits <br />SUB-RECIPIENT and its officers, agents and employees shall obtain and <br />maintain all permits and licenses necessary for SUB-RECIPIENT performance <br />hereunder and shall pay any fees required therefore. SUB-RECIPIENT further <br />certifies to immediately notify the CITY of any suspension, termination, lapses, <br />non renewals or restrictions of licenses, certificates, or other documents. <br />§408. Nondiscrimination and Affirmative Action <br />SUB-RECIPIENT shall comply with the applicable nondiscrimination and <br />affirmative action provisions of the laws of the United States of America, the <br />State of California, and the CITY. In performing this Agreement, SUB- <br />RECIPIENT shall not discriminate in its employment practices against any <br />employee or applicant for employment because of such person's race, <br />religion, national origin, ancestry, sex, sexual orientation, age, physical <br />handicap, mental disability, marital status, domestic partner status or medical <br />condition. SUB-RECIPIENT shall comply with Executive Order 11246, <br />entitled "Equal Employment Opportunity," as amended by Executive Order <br />11375, and as supplemented in Department of Labor regulations (41 CRF <br />Part 60). <br />10 <br />