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3.5.13 Amendment; Modification. No supplement, modification, or amendment of this
<br />Agreement shall be binding unless executed in writing and signed by both Parties.
<br />3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or
<br />breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
<br />service voluntarily given or performed by a Party shall give the other Party any contractual rights
<br />by custom, estoppel, or otherwise.
<br />3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of
<br />any right or obligation assumed by the Parties.
<br />3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
<br />or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
<br />continue in full force and effect.
<br />3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed
<br />nor retained any company or person, other than a bona fide employee working solely for
<br />Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
<br />nor has it agreed to pay any company or person, other than a bona fide employee working
<br />solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other considera-
<br />tion contingent upon or resulting from the award or making of this Agreement. For breach or
<br />violation of this warranty, City shall have the right to rescind this Agreement without liability. For
<br />the term of this Agreement, no member, officer or employee of City, during the term of his or her
<br />service with City, shall have any direct interest in this Agreement, or obtain any present or
<br />anticipated material benefit arising therefrom.
<br />3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal
<br />opportunity employer and it shall not discriminate against any subcontractor, employee or
<br />applicant for employment because of race, religion, color, national origin, handicap, ancestry,
<br />sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
<br />initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
<br />or termination. Contractor shall also comply with all relevant provisions of City's Minority
<br />Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
<br />currently in effect or hereinafter enacted.
<br />3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is
<br />aware of the provisions of Section 3700 of the California Labor Code, which require every
<br />employer to be insured against liability for Worker's Compensation or to undertake self-
<br />insurance in accordance with the provisions of that Code, and agrees to comply with such
<br />provisions before commencing the performance of the Services.
<br />3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to
<br />conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants
<br />that the individuals who have signed this Agreement have the legal power, right, and authority to
<br />make this Agreement and bind each respective Party.
<br />3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which
<br />shall constitute an original.
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