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16. DISCRIMINATION AND HARASSMENT PROHIBITED <br />Contractor will comply with all applicable local, state and federal laws and <br />regulations prohibiting discrimination and harassment. In performing the services <br />required under this Agreement, the Contractor will not discriminate against any person <br />on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The <br />Contractor agrees not to engage in employment practices which have the purpose or <br />effect of discriminating against employees because of race, color, sex, religion, national <br />origin, age, disability or ancestry. A breach of this covenant may be regarded as a <br />default of the Contractor of this Agreement. <br />17. DISPUTE RESOLUTION <br />If a dispute should arise regarding the performance of the Services the following <br />procedure will be used to resolve any questions of fact or interpretation not otherwise <br />settled by agreement between the parties. Representatives of Contractor or City will <br />reduce such questions, and their respective views, to writing. A copy of such <br />documented dispute will be forwarded to both parties involved along with recommended <br />methods of resolution, which would be of benefit to both parties. The City's Project <br />Manager receiving the letter will reply to the letter along with a recommended method of <br />resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory <br />to the aggrieved party, a letter outlining the disputes will be forwarded to the City <br />Manager. The City Manager will consider the facts and solutions recommended by <br />each party and may then opt to direct a solution to the problem. In such cases, the <br />action of the City Manager will be binding upon the parties involved, although nothing in <br />this procedure will prohibit the parties from seeking remedies available to them at law. <br />In the event of a default or breach of this Agreement by the Contractor, the City <br />reserves the right to choose among the remedies for the default or breach available to <br />the City. These remedies may be used in conjunction with one another or separately, <br />and together with any other statutory or common law remedies available to the City. Any <br />failure by the City to enforce this Agreement with respect to one or more defaults by the <br />Contractor will not waive the City's ability to enforce this Agreement after that time. <br />18. TERMINATION <br />18.1 In the event of the Contractor's failure to prosecute, deliver, or perform the <br />Services, City may terminate this Agreement for nonperformance by notifying <br />Contractor by certified mail of the termination. If City decides to abandon or indefinitely <br />postpone the work or services contemplated by this Agreement, City may terminate this <br />Agreement upon written notice to Contractor. Upon notification of termination, the <br />Contractor has five (5) business days to deliver any documents owned by City and all <br />work in progress to the City address contained in this Agreement. City will make a <br />determination of fact based upon the work product delivered to the City and of the <br />percentage of work that Contractor has performed which is usable and of worth to City <br />