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6. The continued incapacity of any physician or licensed person to perform duties
<br />required pursuant to this Agreement
<br />7. Unethical conduct or malpractice by any physician or licensed person providing
<br />services pursuant to this Agreement; provided, however, City may waive this
<br />option if Contractor removes such physician or licensed person from serving
<br />anyone pursuant to this Agreement.
<br />16. NONDISCRIA~IINATION
<br />A. Employment. Contractor 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 recruitment, selection, training, utilization,
<br />promotion, termination or other employment related activities. Contractor affirms that it is an
<br />equal opportunity employer and shall comply with all applicable federal, state and local Laws and
<br />regulations.
<br />B. Services, Benefits and Facilities. Contractor shall not discriminate in the provision of
<br />services, the allocation of benefits or the accommodation in facilities on the basis of ethnic group
<br />identification, race, color, religion, ancestry, creed, sex, national origin, marital status, age,
<br />sexual preference, medical condition or physical or mental disability. por the purpose of this
<br />subparagraph B, "discrimination" means denying a client or potential client any service, benefit
<br />or accommodation that would be provided to another and includes, but is not limited to, the
<br />following:
<br />1. Denying a client any service or benefit or availability of a facility.
<br />2. Providing any service or benefit to a client which is different or is provided in a
<br />different manner or a different time from that provided to other clients.
<br />3. Restricting a client in any way in the enjoyment of any advantage or privilege
<br />enjoyed by others receiving any service or benefit.
<br />4. Treating a client differently from another in satisfying any admission requirement or
<br />condition or eligibility requirement or condition, which individuals must meet in
<br />order to be provided any service or benefit.
<br />5. Assignment of terms or places for the provision of services on the basis of ethnic
<br />group identification, race, religion, ancestry, color, creed, sex, marital status, national
<br />origin, age, sexual preference, medical condition or physical or mental disability of
<br />the clients to be served.
<br />C. Persons with Disabilities -Contractor agrees to comply with the provisions of
<br />Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 et seq., as implemented in Title 45
<br />CFR, Section 84.1 et seq.) pertaining to the prohibition of discrimination against qualified
<br />persons with disabilities in all programs or activities, and the Americans with Disabilities Act of
<br />1990 (42 U.S.C. 12101 et seq.) as they exist now or maybe hereafter amended together with
<br />succeeding legislation.
<br />D. Retaliation -Neither Contractor nor its employees or agents shall intimidate, coerce
<br />or take adverse action against any person for the purpose of interfering with rights secured by
<br />Federal or State laws, or because such person has filed a complaint, certified, assisted or
<br />s
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