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Page 2 of 4 <br /> 6. WAIVER <br /> No delay or omission by either party in exercising any right under this Agreement shall <br /> operate as a waiver of that or any other right or prevent a similar subsequent act from <br /> constituting a violation of the Agreement. <br /> 7. EQUAL EMPLOYMENT OPPORTUNITY <br /> In connection with the performance of this Agreement, the CONTRACTOR shall not <br /> discriminate against any employee or applicant for employment because of race, religion, <br /> color, sex, disability, age, or national origin. <br /> 8. HOLD HARMLESS <br /> CONTRACTOR agrees to indemnify and defend the RCSD, its officers, employees, <br /> agents and assigns from and against all claims, damages, losses, expenses, costs, <br /> attorneys' fees and liability arising out of or resulting from either (i) CONTRACTOR's <br /> breach of its obligations under this Agreement or (ii) the negligence or willful <br /> misconduct of the CONTRACTOR or its officers, employees or agents. <br /> Conversely, RCSD agrees to indemnify and defend the CONTRACTOR, its officers, <br /> employees, agents and assigns from and against all claims, damages, losses, expenses, <br /> costs, attorneys' fees and liability arising out of or resulting from either(i) RCSD's breach <br /> of its obligations under this Agreement or(ii)the negligence or willful misconduct of the <br /> RCSD or its officers, employees or agents. <br /> 9. DISPUTE RESOLUTION <br /> Should any dispute arise out of this Agreement, the parties agree to meet in mediation <br /> and attempt to reach a resolution with the assistance of a mutually acceptable mediator. <br /> The costs of the mediator, if any, shall be shared by the CONTRACTOR and RCSD. If a <br /> mediated settlement is reached, neither party shall be the prevailing party for the purposes <br /> of this settlement. Neither party shall be permitted to file legal action without first <br /> meeting in mediation and maintaining a good faith attempt to reach a mediated <br /> resolution. <br /> 10. TERMINATION <br /> RCSD may at any time terminate this Agreement upon written notice to <br /> CONTRACTOR. RCSD shall compensate CONTRACTOR for services satisfactorily <br /> provided through the date of termination, subject to the contingency provision in Section <br /> 12. In addition, RCSD may terminate this Agreement for cause should CONTRACTOR <br /> fail to perform any part of its obligations under this Agreement. In the event of <br /> termination for cause, RCSD may secure the required services from another contractor. <br /> If the cost to RCSD exceeds the cost of providing the services pursuant to this <br /> Agreement, CONTRACTOR shall pay the additional cost. <br /> Initial / <br />