SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

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Contract No. ML18046 acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the party's reasonable control. 29. SEVERABILITY In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof, 30, HEADINGS Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 31, DUPLICATE EXECUTION This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 32. GOVERNING LAW This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract shall be Los Angeles County, California. 33, PRE -CONTRACT COSTS Any costs incurred by CONTRACTOR pnor to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that this Contract is not executed, neither the MSRC nor the SCAQMD shall be liable,fv any amounts expended in anticipation of a fully executed Contract. If this Contract is fully executed,,p q,-ga,L r„gpl,pps expenditures authorized by the Contract will be reimbursed in accordance with the Payment Schedule and payment provision of the Contract, 34. CHANGE TERMS Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by the authorized representatives of the parties. Fueling station location changes shall not be approved under any circumstances. 35, PREVAILING WAGES CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 at seq., and the compliance monitoring and enforcement of such requirements by the Department of Industrial Relations ("DIR"), CONTRACTOR and all of CONTRACTOR's subcontractors must comply with the California Public Works Contractor Registration Program and, where applicable, must be registered with the DIR to participate in public works projects. CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. Proof of compliance with these requirements must be provided to SCAQMD upon request. CONTRACTOR shall indemnify,