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2020 Annual Labor Contract <br />RFP #2020039 <br />(i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is <br />not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may <br />change its address, for the purposes of this section, by written notice to the other party given in <br />accordance with the provisions of this section. <br />8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement <br />to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. <br />8.12 Construction. The headings of the sections of this Agreement are for the purpose of <br />convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such <br />Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or <br />neuter, singular or plural, as the identity of the party or parties may require. The parties hereby <br />acknowledge and agree that each was properly represented by counsel and this Agreement was <br />negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal <br />document shall be construed against the draftsperson shall be inapplicable to this Agreement <br />8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of <br />which shall be deemed to be an original copy and all of which shall constitute but one and the same <br />instrument. <br />8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, <br />constitute a waiver or limitation of the COUNTY's sovereign immunity. <br />This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written <br />notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty (30) days' prior written <br />notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided <br />below. In the event of the termination of this Agreement, any liability of one party to the other arising <br />out of any Services rendered, or for any act or event occurring prior to the termination, shall not be <br />terminated or released. <br />9. FEDERAL CLAUSES <br />9.1 COUNTY and CONTRACTOR will adhere to the following, as applicable to this work [delete <br />any clauses that are not applicable]: <br />9.2 Equal Employment Opportunity During the performance of this contract, the contractor <br />agrees as follows: <br />9.2.1 The contractor will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. The contractor will take affirmative <br />action to ensure that applicants are employed, and that employees are treated during employment <br />without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be <br />limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment <br />advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, <br />including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination <br />clause. <br />9.2.2 The contractor will, in all solicitations or advertisements for employees placed by or <br />on behalf of the contractor, state that all qualified applicants will receive considerations for employment <br />without regard to race, color, religion, sex, or national origin. <br />Sample Agreement - Page 11 of 21 <br />