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O. Nondiscrimination: In their execution of this Agreement, the Parties and others acting
<br /> by or through them shall comply with all federal and state laws prohibiting
<br /> discrimination, harassment, and sexual misconduct. To the extent not in conflict with
<br /> federal or state law, the Parties agree not to discriminate on the basis of race, color,
<br /> national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender
<br /> identity or gender expression. Any breach of this covenant may result in termination of
<br /> this Agreement.
<br /> Section 5, Miscellaneous Provisions shall add the following clauses into Contract 217-077:
<br /> P. Sovereign Immunity: Notwithstanding any provision of this Agreement, nothing herein shall
<br /> be construed as a waiver by either parry of its constitutional, statutory or common law rights,
<br /> privileges, immunities or defenses. To the extent the terms of this paragraph conflicts with any
<br /> other provision in this Agreement, the terms of this paragraph shall control
<br /> 0.. Force Majeure: Except as otherwise provided, neither the City nor the University, shall be
<br /> liable to the other for any delay in, or failure of performance, of a requirement contained in this
<br /> Agreement caused by Force Majeure, incidents of force majeure will include but not limited to
<br /> the following: acts of God, strikes, pandemics and epidemics, war, riots, flood, drought, fire,
<br /> sabotage, or any other circumstances of like character. The existence of such causes of delay
<br /> or failure shall extend the period of performance until after the causes of delay or failure have
<br /> been removed, provided the non-performing Parry exercises all reasonable due diligence to
<br /> perform.
<br /> R. Force Majeure: Except as otherwise provided, neither the City nor the University, shall be
<br /> liable to the other for any delay in, or failure of performance, of a requirement contained in this
<br /> Agreement caused by Force Majeure, incidents of force majeure will include but not limited to
<br /> the following: acts of God, strikes, pandemics and epidemics, war, riots, flood, drought, fire,
<br /> sabotage, or any other circumstances of like character. The existence of such causes of delay
<br /> or failure shall extend the period of performance until after the causes of delay or failure have
<br /> been removed, provided the non-performing Parry exercises all reasonable due diligence to
<br /> perform.
<br /> S. In accordance with Texas Education Code, Section 51.9335 (h), any Contract for the acquisition
<br /> of goods and services to which an institution of higher education is a party, any provision
<br /> required by applicable law to be included in the Agreement or Contract is considered to be a
<br /> part of the executed Agreement or Contract without regard to:
<br /> (1) Whether the provision appears on the face of the Agreement or Contract; or
<br /> (2) Whether the Agreement or Contract includes any provision to the contrary.
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