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(f) et seq.) and the applicable regulations promulgated thereunder (California Code of <br /> Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair <br /> Employment and Housing Commission implementing Government Code Section 12990 (a)- <br /> (f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are <br /> incorporated into this Agreement by reference and made a part hereof as if set forth in full. <br /> Each Party represents and warrants that it shall include the substance of the <br /> nondiscrimination and compliance provisions of this clause in all subcontracts for its <br /> Authorized Work obligations. <br /> 30. COMMISSION/SCE AUTHORITY TO MODIFY OR TERMINATE <br /> This Agreement and the Program shall at all times be subject to the discretion of the <br /> Commission, including, but not limited to, review and modifications, excusing a Party's <br /> performance hereunder, or termination as the Commission may direct from time to time in <br /> the reasonable exercise of its jurisdiction. In addition, in the event that any ruling, decision <br /> or other action by the Commission adversely impacts the Program, SCE shall have the <br /> right to terminate this Agreement in accordance with the provisions of Section 25 above by <br /> providing at least ten (10) days' prior written notice to the City setting forth the effective <br /> date of such termination. Notwithstanding the right to terminate, as partners in the <br /> Program, the Parties agree to share in the responsibility and to abide by Commission <br /> energy policy supporting this Program. The Parties agree to use all reasonable efforts to <br /> minimize the adverse impact to a Party resulting from such Commission actions, including <br /> but not limited to modification of the required energy savings goals set forth in Section 4.2 <br /> <br /> which are fundamental to this Agreement. <br /> 31. NON-WAIVER <br /> None of the provisions of this Agreement shall be considered waived by either Party <br /> <br /> unless such waiver is specifically stated in writing. <br /> ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 23 <br /> 25G-25 <br /> <br />