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days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party.

If the County Board of Supervisors fails to appropriate funds to enable County Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15.

Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be

performed

under

this

Agreement.

CONTRACTOR

further

covenants

that

in

the

performance retained by

of this Agreement no person CONTRACTOR under this

having any such interest shall be employed or

Agreement.

CONTRACTOR

shall

not

hire

COUNTY'S

employees

to

perform

any

portion

of

the

work

or

services

provided

for

herein

including

secretarial,

clerical

and

similar

incidental

services

except

upon

the

written

approval of COUNTY. Performance of services under this Agreement by employees of CONTRACTOR shall not relieve CONTRACTOR from any under this Agreement.

associates or responsibility

16.

Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17.

Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18.

Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and

requirements necessary for the provision of contracted services. CONTRACTOR shall comply with all laws applicable to wages

Furthermore, and hours of

employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

Airport Terminal Car Rental Concession Wednesday, October 13, 2010

RFP 10-18 Page 27 of 31

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