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Contract No. 11545
<br />9. NON - DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
<br />recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed,
<br />color, national origin, ancestry, sex, age, or physical or mental disability and shall comply with the
<br />provisions of the California Fair Employment & Housing Act (Government Code Section 12900 et
<br />seq.), the Federal Civil Rights Act of 1964 (P.L. 88 -352) and all amendments thereto, Executive Order
<br />No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to
<br />said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this
<br />clause and shall include in each such subcontract language similar to this clause.
<br />10. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise
<br />transferred by either party without the prior written consent of the other, and any attempt by either
<br />party to do so shall be void upon inception.
<br />11. NON - EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD to insist upon the performance
<br />of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or
<br />remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of
<br />any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless
<br />otherwise provided for herein.
<br />12. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or
<br />interpretation of this Contract, each party shall bear its own attorneys' fees and costs.
<br />13. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for
<br />any delay or failure in performance under this Contract or interruption of services resulting, directly or
<br />indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes,
<br />shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the
<br />reasonable control of AQMD or CONTRACTOR.
<br />14. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall
<br />for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such
<br />holding shall not affect any other provisions of this Contract, and the Contract shall then be construed
<br />as if such unenforceable provisions are not a part hereof.
<br />15. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and
<br />the words contained therein shall in no way be held to explain, modify, amplify, or aid in the
<br />interpretation, construction, or meaning of the provisions of this Contract.
<br />16. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
<br />force and effect of an original.
<br />17. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
<br />thereby shall be determined in accordance with the laws of the State of California. Venue for
<br />resolution of any disputes under this Contract shall be Los Angeles County, California.
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