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29. NON - DISCRIMINATION CLAUSE <br />No Party shall unlawfully discriminate, harass, 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 care 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 and <br />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 />Govermnent 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 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 Authorized <br />Work obligations. <br />30. COMMISSION/UTILITY 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 the <br />reasonable exercise of its jurisdiction. In addition, in the event that any ruling, decision or other <br />action by the Commission adversely impacts the Program, the Utility shall have the right to <br />terminate this Agreement in accordance with the provisions of Section 25 above by providing at <br />least ten (10) days' prior written notice to the City setting forth the effective date of such <br />termination. Notwithstanding the right to terminate, the Parties agree to share in the <br />responsibility and to abide by Commmission energy policy supporting this Program. The Parties <br />agree to use all reasonable efforts to minimize the adverse impact to a Party resulting from such <br />Commission actions, including but not limited to modification of the required energy savings <br />goals set forth in Section 4.2 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 unless <br />such waiver is specifically stated in writing. <br />32. 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 SCG 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 the City's consent and the Utility shall be released from all <br />2013 -14 Santa Ana Partnership Agreement 19 <br />