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8.A. - Page 58
<br /> (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and
<br /> 1102. Seller shall not discriminate against any subcontractor, employee, or applicant for
<br /> employment because of age, race, color, national origin, ancestry, religion, sex/gender,
<br /> sexual orientation, mental disability, physical disability, medical condition, political
<br /> beliefs, organizational affiliations, or marital status in the recruitment, selection for
<br /> training including apprenticeship, hiring,employment, utilization, promotion, layoff, rates
<br /> of pay or other forms of compensation. Nor shall Seller discriminate in provision of
<br /> services provided under this contract because of age, race,color, national origin,ancestry,
<br /> religion, sex/gender, sexual orientation, mental disability, physical disability, medical
<br /> condition, political beliefs, organizational affiliations, or marital status.
<br /> 13.20 NON-EXCLUSIVE CONTRACT
<br /> This Agreement does not establish an exclusive contract between the Buyer and the Seller
<br /> for the purchase of electricity or power or any services. The Buyer expressly reserves all
<br /> its rights, including but not limited to, the following: the right to utilize others to provide
<br /> electricity,products,support and services;the right to request proposals from others with
<br /> or without requesting proposals from the Seller;and the unrestricted right to bid any such
<br /> product, support or service.
<br /> 13.21 MODIFICATION
<br /> This Agreement may be supplemented,amended,or modified only by the mutual written
<br /> agreement of the Parties.
<br /> 13.22 HAZARDOUS SUBSTANCES
<br /> If any product being offered, delivered or supplied to the Buyer in connection with this
<br /> Agreement is listed in the Hazardous Substances List of the Regulations of the Director of
<br /> Industrial Relations with the California Occupational Safety and Health Standards Board,
<br /> or if the product presents a physical or health hazard as defined in the California Code of
<br /> Regulations, General Industry Safety Order, Section 5194 (T8CCR), Hazard
<br /> Communication, the Seller must include a Material Safety Data Sheet (MSDS) with
<br /> delivery, or shipment. Each MSDS must reference the contract/purchase order number,
<br /> and identify the "Ship To Address". All shipments and containers must comply with the
<br /> labeling requirements of Title 49, Code of Federal Regulations by identifying the
<br /> hazardous substance, name and address of manufacturer, and appropriate hazard
<br /> warning regarding potential physical safety and health hazard.
<br /> 13.23 DISENTANGLEMENT
<br /> Seller shall cooperate with Buyer and Buyer's other Sellers to ensure a smooth transition
<br /> at the time of termination of this Agreement, regardless of the nature or timing of the
<br /> termination. Seller shall cooperate with Buyer's efforts to ensure that there is no
<br /> interruption of electricity and no adverse impact on the provision of services or Buyer's
<br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC
<br /> REV:01-21-15 MLG
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