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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C-1-2492 <br />program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which <br />is attached to this Agreement as Exhibit D. CITY and CONTRACTOR agree to produce any <br />documentation necessary to establish its compliance with sections 701-707. <br />B. Failure to comply with this Article may result in nonpayment or termination of this <br />Agreement. <br />ARTICLE 12. CONFLICT OF INTEREST <br />CITY and CONTRACTOR agree to avoid organizational conflicts of interest. An <br />organizational conflict of interest means that due to other activities, relationships or contracts, CITY <br />and/or CONTRACTOR is unable, or potentially unable to render impartial assistance or advice to <br />AUTHORITY; CITY's and/or CONTRACTOR's objectivity in performing the work identified in the <br />Scope of Work is or might be otherwise impaired; or CITY and/or CONTRACTOR has an unfair <br />competitive advantage. CITY and/or CONTRACTOR is obligated to fully disclose to AUTHORITY in <br />writing Conflict of Interest issues as soon as they are known to CITY and/or CONTRACTOR. All <br />disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein. <br />This disclosure requirement is for the entire term of this Agreement. <br />ARTICLE 13. CODE OF CONDUCT <br />All parties agree to comply with AUTHORITY's Code of Conduct as it relates to Third-Party <br />contracts, which is hereby referenced and by this reference is incorporated herein. All parties agree <br />to include these requirements in all of its subcontracts <br />ARTICLE 14. FORCE MAJEURE <br />Either party shall be excused from performing its obligations under this Agreement during the <br />time and extent that it is prevented from performing by a cause beyond its control, including, but not <br />limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or <br />facilities by the federal state or local government; national fuel shortage; or a material act of <br />omission by the other party; when satisfactory evidence of such cause is presented to the other <br />party, and provided further that such nonperformance is unforeseeable, beyond the control and is <br />Page 7 of 8 <br />L:\Camm\CLERICAL\WORDPROCWGREEWG12492.docx