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City of Santa Ana <br />18-HEAP-00007 <br />Page 5 of 9 <br />Standard Agreement <br />EXHIBIT C <br />6. Seek, in a court of competent jurisdiction, an order for specific performance of <br />the defaulted obligation or the appointment of a receiver to complete the <br />technical assistance in accordance with HEAP requirements; and <br />7, Seek such other remedies as may be available under this Agreement or any <br />law. <br />8. All remedies available to Agency are cumulative and not exclusive. <br />9. Agency may give written notice to the Contractor to cure the breach or violation <br />within a period of not less than 15 days. <br />8. Waivers <br />No waiver of any breach of this Agreement shall be held to be a waiver of any prior or <br />subsequent breach. The failure of Agency to enforce at any time the provisions of this <br />Agreement, or to require at any time, performance by the Contractor of these <br />provisions, shall in no way be construed to be a waiver of such provisions nor to affect <br />the validity of this Agreement or the right of Agency to enforce these provisions, <br />9. Nondiscrimination <br />During the performance of this Agreement, Contractor and its subcontractors shall not <br />unlawfully discriminate, harass, or allow harassment against any employee or <br />applicant for employment because of sex (gender), sexual orientation, gender identity, <br />gender expression, race, color, ancestry, religion, creed, national origin (including <br />language use restriction), pregnancy, physical disability (including HIV and AIDS), <br />mental disability, medical condition (cancer/genetic characteristics), age (over 40), <br />genetic information, marital status, military and veteran status, and denial of medical <br />and family care leave or pregnancy disability leave. Contractors and subcontractors <br />shall ensure that the evaluation and treatment of their employees and applicants for <br />employment are free from such discrimination and harassment. Contractor or <br />subcontractors shall comply with the provisions of the Fair Employment and Housing <br />Act (Government Cade section12990 (a-f) et seq.) and the applicable regulations <br />promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). <br />The applicable regulations of the Fair Employment and Housing Commission <br />implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division <br />4 of Title 2 of the Califomia Code of Regulations, are incorporated into this Agreement <br />by reference and made a part hereof as if set forth in full. Contractor and its <br />subcontractors shall give written notice of their obligations under this clause to labor <br />organizations with which they have a collective bargaining or other agreement. <br />10. Conflict of Interest <br />All participants are subject to State and Federal conflict of interest laws. Failure to <br />comply with these laws, including business and financial disclosure provisions, will <br />result in the application being rejected and any subsequent contract being declared <br />void. Other legal action may also be taken. Applicable statutes include, but are not <br />Homeless Emergency Aid Program <br />NOFA Date: 09105/2018 <br />