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The Consultant warrants that it is not now aware of any facts which conflict with the <br />prohibitions defined above.If the Consultant hereafter becomes aware of any facts that <br />might reasonably be expected to create a conflict of interest,it must immediately make <br />full written disclosure of such facts to the City.Full written disclosure must include, <br />but is not limited to,identification of all persons implicated and a complete description <br />of all relevant circumstances.Failure to comply with the provisions of this paragraph <br />will be a material breach of this Agreement. <br />e.Consultant covenants that none of its directors,officers,employees,or agents shall <br />participate in selecting or administrating any subcontract supported (in whole or in part) <br />by City funds stemming from the Agreement where the awarding of the subcontract <br />has any direct or indirect financial benefit or interest to any individual,as defined in <br />subsections (b)and (c)above. <br />12.NON-DISCRIMINATION <br />Consultant shall not discriminate beeause of race,color,creed,religion,sex,marital status, <br />sexual orientation,gender identity,gender expression,gender,medical conditions,genetic <br />information,or military and veteran status,age,national origin,ancestry,or disability,as defined <br />and prohibited by applicable law,in the recruitment,selection,teaching,training,utilization, <br />promotion,termination or other emplo5mient related aetivities or any services provided under this <br />Agreement.Consultant affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal,state and local laws and regulations. <br />13.EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant,and supersedes any and all other agreements,oral or written,between the parties.In <br />the event of a conflict between the terms of this Agreement and any attachments hereto,the terms <br />of this Agreement shall prevail.This Agreement may not be modified except by written instrument <br />signed by the City and by an authorized representative of Consultant.The parties agree that any <br />terms or conditions of any purchase order or other instrument that are inconsistent with,or in <br />addition to,the terms and eonditions hereof,shall not bind or obligate Consultant or the City.Each <br />party to this Agreement acknowledges that no representations,inducements,promises or <br />agreements,orally or otherwise,have been made by any party,or anyone acting on behalf of any <br />party,which is not embodied herein. <br />14.ASSIGNMENT <br />Inasmueh as this Agreement is intended to secure the specialized serviees of Consultant, <br />Consultant may not assign,transfer,delegate,or subcontract any interest herein without the prior <br />written consent of the City and any such assignment,transfer,delegation or subcontract without <br />the City's prior written consent shall be considered null and void.Nothing in this Agreement shall <br />be construed to limit the City’s ability to have any of the services which are the subject to this <br />Agreement performed by City personnel or by other Consultants retained by City. <br />Page 5 of 9