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21. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either parry; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 22 . The Contractor recognizes that the State of Florida , by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 23 . This Contract is neither intended nor shall it be construed to grant any rights , privileges or interest in any third party without the mutual written agreement of the parties hereto . 24 . A. No person , on the grounds of race, creed , color, national origin , age , sex, or disability, shall be excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915 . 25 , This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 26. A. The Contractor shall not subcontract, assign , or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that neither the Department shall be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection support diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida . The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 27 . To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and , in case any work is subcontracted , the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law . In case any class of employees engaged in hazardous work under this Contract is not protected under the Workers' Compensation statute , the Contractor shall provide , and cause each subcontractor to provide , adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected . 28. The Contractor warrants and represents that it is self-funded for liability insurance , appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Contractor's officers, employees , servants and agents while acting within the scope of their employment with the Contractor. DEP Contract No. RM026, Page 4 of 6