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Contract No. ML12014 <br />national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California <br />Fair Employment & Housing Act (Government Code Section 12900, of seq.), the Federal Civil Rights Act of <br />1964 (P L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), <br />and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall <br />likewise require each subcontractor to comply with this clause and shall include in each such subcontract <br />language similar to this clause. <br />19. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or <br />vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract, <br />CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any <br />and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract <br />or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all <br />terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, <br />CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar <br />security instrument to secure its interests in the equipment and/or vehicles that are the subject of the <br />Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify AQMD <br />within 10 business days of such filing. <br />20. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and <br />local laws, ordinances, codes and regulations and orders of public authorities in the performance of this <br />Contract. CONTRACTOR must also ensure that the equipment to be purchased or installed is in compliance <br />with all applicable federal, state, and local air quality rules and regulations, and that it will maintain <br />compliance for the full Contract term. CONTRACTOR shall ensure that the provisions of this clause are <br />included in all subcontracts. <br />21. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by <br />either party without the prior written consent of the other, and any attempt by either party to do so shall be <br />void upon inception. <br />22. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or <br />all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies <br />hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, <br />covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for <br />herein. <br />23. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the <br />enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and <br />costs. <br />24. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any <br />delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, <br />from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of <br />suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of <br />AQMD or CONTRACTOR. <br />55B-12