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<br />203215669.16 6
<br />any employee or other person to provide any service required hereunder unless such employee or
<br />other person has demonstrated proficiency in the type of work which such employee or other
<br />person is assigned to perform.
<br />3.6 Non-Discrimination. During the performance of this Continuation Agreement,
<br />Operator and its subcontractors shall not unlawfully discriminate, harass, or allow harassment
<br />against any employee or applicant for employment because of sex, race, color, ancestry, religious
<br />creed, national origin, physical disability (including HIV and AIDS), mental disability, medical
<br />condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Operator
<br />and subcontractors shall insure that the evaluation and treatment of their employees and
<br />applicants for employment are free from such discrimination and harassment. Operator and
<br />subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
<br />Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
<br />Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
<br />Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
<br />forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
<br />into this Continuation Agreement by reference and made a part hereof as if set forth in full.
<br />Operator and its subcontractors shall give written notice of their obligations under this clause to
<br />labor organizations with which they have a collective bargaining or other Agreement.
<br />3.7 Subcontractors Restrictions. Operator shall only enter into subcontracts with
<br />subcontractors that have clearly demonstrated proficiency in the tasks which are the subject of
<br />such subcontracts. Operator is prohibited from hiring or subcontracting with any individuals that
<br />participated in the selection of Operator or the development of this Continuation Agreement for a
<br />period of 24 months from the date of execution of this Continuation Agreement.
<br />ARTICLE IV
<br />OWNERSHIP AND PROPRIETARY RIGHTS
<br />4.1 Rights, Authorizations, Licenses, Permits, and Other Permissions. Except as
<br />explicitly set forth in Attachment A-1, Operator shall, at its sole cost and expense, obtain all
<br />rights, authorizations, licenses, permits, and other permissions, from all federal, state, and local
<br />governments, and other entities or persons, necessary for Operator to provide the services
<br />required under this Continuation Agreement. MTC’s execution of this Continuation Agreement
<br />shall neither constitute nor be deemed to be governmental approval of, or consent to, any rights,
<br />authorizations, licenses, permits, and permissions required or needed to be obtained by Operator.
<br />4.2 Use of Seals, Logos, Servicemarks, Trademarks, and Copyrighted Material.
<br />Operator shall not use, display, or reproduce the seal, logo, servicemark, trademark, or
<br />copyrighted material of the Air District, MTC or any Pilot City without the prior express written
<br />authorization of the Air District, MTC or any Pilot City, as applicable.
<br />4.3 Third Party Intellectual Property. Operator covenants to save, defend, hold
<br />harmless, and indemnify MTC and the Pilot Cities, and all of their officers, officials,
<br />departments, agencies, agents, and employees from and against any and all claims, losses,
<br />damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges,
<br />liability, or exposure, however caused, for or on account of any trademark, copyright, patented or
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