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only written information, but also information transferred orally, visually, electronically, or
<br />by other nteam, Con£rdentinl information disclosed to either party by any subsidiary and/or
<br />agent of the other party is covered by this MOU. The foregoing obligations of non.use and
<br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly
<br />available sources; (b) is, through no fault of Families Forward disclosed in a publicly
<br />available source; (c) is in rightful possession of Families Forward without an obligation of
<br />confidentiality, (d) is required to be disolosed by operation of law, or (a) is independently,
<br />developed by Families Forward without reference to infonmation disclosed by the City of
<br />Santa Ana.
<br />7. ACCESSABILITY:17"Res Forward will assure that its services and premises are
<br />accessible to persons with disabilities pursuant to the requirements of the Americans with
<br />Disabilities Act
<br />8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold
<br />harnnless the other parties, their officers, agents, employees, and volunteers from and against
<br />any and all loss or darnago, and from any and all suits, actions and claims filed or brought by
<br />any person or persons arising out of acts or omissions of the party or its ofiicors, agents,
<br />employees or volunteers In the performance of this MOU.
<br />% DISPUTES: Tito parties shall first attempt to resolve all disputes informally. Any party
<br />may call a meeting of all parties to discuss and resolve disputes, Should informal resolution
<br />efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to
<br />resolve the dispnto by holding € n informal hearing with presentations by both parties, if the
<br />City Manager's resolution efforts fail, any party may file a grievance with the City Manager
<br />for review and hearing. The parties agree to be bound by the final determination resulting
<br />from that procedure. Bach party to bear its own costs associated with any grievance
<br />procedures.
<br />IQ, DISCRIMINATION: Families forward shall not discriminate because of race, color, creed,
<br />religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
<br />defined and prohibited by applicable law, in the rocruitment, selection, training, utilization,
<br />promotion, termination or other employment related activities, Families Forward -affirms that
<br />it is an equal opportunity employer and shall comply with all applicable federal, state and
<br />local laws and regulations.
<br />11. SLrVERADILITY: If any part of this MOU is found to be null and void, or is otherwise
<br />stricken, the test of this MOU shall remain in force.
<br />12, JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in
<br />Orange County, California.
<br />13. AUTI-IORVI Y.AND SIGNATURES: The individuals signing this MOLD or its attachments
<br />have the authority to coramit the party they represent to the terms of this MOIJ, and do so
<br />commit by signing.
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