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10.10 Survival. Except as otherwise expressly provided herein, each obligation <br />in this Agreement to be performed by Consultant shall survive the termination or <br />expiration of this Agreement. <br />10.11 Construction. The headings of the sections of this Agreement are for the <br />purpose of convenience only, and shall not be deemed to expand, limit, or modify the <br />provisions contained in such Sections. All pronouns and any variations thereof shall be <br />deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of <br />the party or parties may require. The parties hereby acknowledge and agree that each <br />was properly represented by counsel and this Agreement was negotiated and drafted at <br />arm's-length so that the judicial rule of construction to the effect that a legal document <br />shall be construed against the draftsperson shall be inapplicable to this Agreement <br />10.12 Counterparts. This Agreement may be executed in one or more <br />counterparts, each of which shall be deemed to be an original copy and all of which shall <br />constitute but one and the same instrument. <br />11. FEDERAL PROVISIONS OWNER and CONSULTANT will adhere to the <br />following, as applicable to this work: <br />A. Equal Employment Opportunity. During the performance of this contract, <br />the Consultant agrees as follows: <br />(1) The Consultant will not discriminate against any employee or applicant <br />for employment because of race, color, religion, sex, or national origin. The Consultant <br />will take affirmative action to ensure that applicants are employed, and that employees <br />are treated during employment without regard to their race, color, religion, sex, or national <br />origin. Such action shall include, but not be limited to the following: Employment, <br />upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or <br />termination; rates of pay or other forms of compensation; and selection for training, <br />including apprenticeship. The Consultant agrees to post in conspicuous places, available <br />to employees and applicants for employment, notices to be provided setting forth the <br />provisions of this nondiscrimination clause. <br />(2) The Consultant will, in all solicitations or advertisements for employees <br />placed by or on behalf of the Consultant, state that all qualified applicants will receive <br />considerations for employment without regard to race, color, religion, sex, or national <br />origin. <br />(3) The Consultant will send to each labor union or representative of <br />workers with which he has a collective bargaining agreement or other contract or <br />understanding, a notice to be provided advising the said labor union or workers' <br />representatives of the Consultant's commitments under this section, and shall post copies <br />of the notice in conspicuous places available to employees and applicants for <br />employment. <br />(4) The Consultant will comply with all provisions of Executive Order 11246 <br />of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary <br />of Labor. <br />11 <br />L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting <br />Agreement Sector 7—FINAL - with Signatures.docx <br />