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20B - AA - AGMT SCE ENERGY EFFICIENCY
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06/20/2011
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20B - AA - AGMT SCE ENERGY EFFICIENCY
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Last modified
1/3/2012 3:43:34 PM
Creation date
6/16/2011 3:42:52 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20B
Date
6/20/2011
Destruction Year
2016
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27. NONDISCRIMINATION CLAUSE <br />No Party shall unlawfully discriminate, harass, or allow harassment against any <br />employee or applicant for employment because of sex, race, color, ancestry, religious creed, <br />national origin, physical disability, mental disability, medical condition, age, marital <br />status, and denial of family care leave. Each Party shall ensure that the evaluation and <br />treatment of its employees and applicants for employment are free from such <br />discrimination and harassment, and shall comply with the provisions of the Fair <br />Employment and Housing Act (Government Code Section 12990 (a)-(f) et seq.) and the <br />applicable regulations promulgated thereunder (California Code of Regulations, Title 2, <br />Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing <br />Commission implementing Government Code Section 12990 (a)-(f), set forth in Chapter 5 of <br />Division 4 of Title 2 of the California Code of Regulations, are incorporated into this <br />Contract by reference and made a part hereof as if set forth in full. <br />Each Party represents and warrants that it shall include the substance of the <br />nondiscrimination and compliance provisions of this clause in all subcontracts for its Work <br />obligations. <br />28 NONWAIVER CLAUSE <br />None of the provisions of this Contract shall be considered waived by either Party <br />unless such waiver is specifically stated in writing. <br />29. ASSIGNMENT <br />No Party shall assign this Contract or any part or interest thereof, without the prior <br />written consent of the other Party, and any assignment without such consent shall be void <br />and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the <br />Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, <br />such assignment or delegation shall not require Implementer's consent and SCE shall be <br />released from all obligations hereunder arising after the effective date of such assignment, <br />both as principal and as surety. <br />30. SEVERABILITY <br />In the event that any of the terms, covenants or conditions of this Contract, or the <br />application of any such term, covenant or condition, shall be held invalid as to any person <br />or circumstance by any court, regulatory agency, or other regulatory body having <br />jurisdiction, all other terms, covenants, or conditions of this Contract and their application <br />shall not be affected thereby, but shall remain in full force and effect, unless a court, <br />regulatory agency, or other regulatory body holds that the provisions are not separable <br />from all other provisions of this Contract. <br />31. GOVERNING LAW; VENUE <br />This Contract shall be interpreted, governed, and construed under the laws of the State <br />of California as if executed and to be performed wholly within the State of California. Any <br />20B-26
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