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The Parties shall act in an independent capacity and not as officers or employees or agents of <br />each other. This Agreement is not intended to and does not form any "partnership" within the <br />meaning of the California Uniform Partnership Act of 1994 or otherwise. <br />27. NON-DISCRIMINATION CLAUSE <br />No Party shall unlawfully discriminate, hazass, or allow harassment against any employee or <br />applicant for employment because of sex, race, color, ancestry, religious creed, national origin, <br />physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age <br />(over 40), marital status, and denial of family Gaze leave. Each Party shall ensure that the <br />evaluation and treatment of its employees and applicants for employment are free from such <br />discrimination and harassment, and shall comply with the provisions of the Fair Employment <br />and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations <br />promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The <br />applicable regulations of the Fair Employment and Housing Commission implementing <br />Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the <br />California Code of Regulations, are incorporated into this Agreement by reference and made a <br />part hereof as if set forth in full. <br />Each Parry represents and warrants that it shall include the substance of the <br />nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized <br />Work obligations. <br />28. COMMISSION AUTHORITY TO MODIFY <br />This Agreement shall at all times be subject to the discretion of the Commission, including <br />but not limited to, review and modifications, excusing a Party's performance hereunder, or <br />termination as the Commission may direct from time to time in the reasonable exercise of its <br />jurisdiction. <br />29. NON-WAIVER <br />None of the provisions of this Agreement shall be considered waived by any Party unless <br />such waiver is specifically stated in writing. <br />30. ASSIGNMENT <br />No Party shall assign this Agreement or any part or interest thereof, without the prior written <br />consent of the other Parties, and any assignment without such consent shall be void and of no <br />effect. Notwithstanding the foregoing, if a Utility is requested or required by the Commission to <br />assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or <br />delegation shall not require any Party's consent, and such Utility shall be released from all <br />obligations hereunder arising after the effective date of such assignment, both as principal and as <br />surety. <br />20 <br />