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restrictions; strikes, freight embargoes or delays in transportation; to the extent
<br />that they are not caused by the party's willful or negligent acts or omissions and
<br />to the extent that they are beyond the party's reasonable control.
<br />§405. Breach
<br />Except for excusable delays, if any party fails to perform, in whole or in part, any
<br />promise, covenant, or agreement set forth herein, or should any representation
<br />made by it be untrue, any aggrieved party may avail itself of all rights and
<br />remedies, at law or equity, in the courts of law. Said rights and remedies are
<br />cumulative of those provided for herein except that in no event shall any party
<br />recover more than once, suffer a penalty or forfeiture, or be unjustly
<br />compensated.
<br />§406. Prohibition Against Assignment or Delegation
<br />SUB - RECIPIENT may not, unless it has first obtained the written permission of
<br />the CITY:
<br />A. Assign or otherwise alienate any of its rights hereunder, including the right
<br />to payment; or
<br />B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
<br />§407. Permits
<br />SUB - RECIPIENT and its officers, agents and employees shall obtain and
<br />maintain all permits and licenses necessary for SUB - RECIPIENT performance
<br />hereunder and shall pay any fees required therefore. SUB - RECIPIENT further
<br />certifies to immediately notify the CITY of any suspension, termination, lapses,
<br />non renewals or restrictions of licenses, certificates, or other documents.
<br />§408. Nondiscrimination and Affirmative Action
<br />SUB- RECIPIENT shall comply with the applicable nondiscrimination and
<br />affirmative action provisions of the laws of the United States of America, the
<br />State of California, and the CITY. In performing this Agreement, SUB -
<br />RECIPIENT shall not discriminate in its employment practices against any
<br />employee or applicant for employment because of such person's race, color,
<br />religion, national origin, ancestry, sex, gender, gender identity, gender
<br />expression, sexual orientation, age, physical handicap, mental disability,
<br />marital status, domestic partner status, pregnancy, denial of medical and
<br />family care leave, pregnancy disability leave, or medical condition. SUB -
<br />RECIPIENT shall comply with Executive Order 11246, entitled "Equal
<br />Employment Opportunity," as amended by Executive Order 11375, and as
<br />supplemented in Department of Labor regulations (41 CRF Part 60).
<br />SUB - RECIPIENT shall comply with California Public Contract Code
<br />§10295.3, which addresses discrimination based on domestic partnerships. If
<br />required, SUB - RECIPIENT shall submit an Equal Employment Opportunity
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