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EDD Agreement No. M595188 <br />EDD /City of Santa Ana <br />Page 1 of 1 <br />EXHIBIT D <br />(Standard Agreement) <br />SPECIAL TERMS AND CONDITIONS <br />1. Settlement of Disputes <br />In the event of a dispute between EDD and the Partner over any part of this Agreement, the <br />dispute may be submitted to non - binding arbitration upon the consent of both EDD and the <br />Partner. An election for arbitration to this provision shall not preclude either party from <br />pursuing any remedy for relief otherwise available. <br />2. Workforce Investment Act <br />Contractor agrees to conform to nondiscrimination provisions of the Workforce Investment <br />Act (WIA) and other federal nondiscrimination requirements as referenced in 29 CFR, <br />Part 37. <br />3. Termination Clause <br />This Agreement may be terminated by EDD by giving written notice to the Partner 30 days <br />prior to the effective date of such termination. <br />4. Agency Liability <br />The Partner warrants by execution of this Agreement, that no person or selling agency has <br />been employed or retained to solicit or secure this Agreement upon agreement or <br />understanding for a commission, percentage, brokerage, or contingent fee, excepting bona <br />fide employees or bona fide established commercial or selling agencies maintained by the <br />Partner for the purpose of securing business. For breach or violation of this warranty, the <br />State shall, in addition to other remedies provided by law, have the right to annul this <br />Agreement without liability, paying only for the value of the work actually performed, or <br />otherwise recover the full amount of such commission, percentage, brokerage, or contingent <br />fee. <br />5. Force Majeure <br />Neither party shall be liable to the other for any delay in or failure of performance, nor shall <br />any such delay in or failure of performance constitute default, if such delay or failure is <br />caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: <br />Acts of war (e.g., riots and strikes) and acts of God (e.g., earthquakes, floods, and other <br />natural disasters) such that performance is impossible. <br />25C -9 <br />