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Sunshine Ordinance and the State Public Records Law. Licensee hereby authorizes the City to <br />disclose any records, information and materials submitted to the City in connection with this <br />License. <br />37. Food Service Waste Reduction. Licensee agrees to comply fully with and be bound by <br />all of the provisions of the Food Service Waste Reduction Ordinance, as set forth in <br />San Francisco Environment Code Chapter 16, including the remedies provided therein, and <br />implementing guidelines and rules. The provisions of Chapter 16 are incorporated herein by <br />reference and made a part of this License as though fully set forth herein. Accordingly, Licensee <br />acknowledges that City contractors, lessees and licensees may not use Disposable Food Service <br />Ware that contains Polystyrene Foam in City Facilities and while performing under a City <br />contract, lease or license, and shall instead use suitable Biodegradable/Compostable or <br />Recyclable Disposable Food Service Ware. This provision is a material term of this License. <br />38. Disabilitv Access. Pursuant to California Civil Code Section 1938, City hereby notifies <br />Licensee that as of the date of this License, the Premises has not undergone inspection by a <br />"Certified Access Specialist" in order to determine whether the Premises meet all applicable <br />construction -related accessibility standards under California Civil Code Section 55.53. <br />39. Severabilitv. If any provision of this License or the application thereof to any person, <br />entity or circumstance shall be invalid or unenforceable, the remainder of this License, or the <br />application of such provision to persons, entities or circumstances other than those as to which it <br />is invalid or unenforceable, shall not be affected thereby, and each other provision of this <br />License shall be valid and be enforceable to the fullest extent permitted by law, except to the <br />extent that enforcement of this License without the invalidated provision would be unreasonable <br />or inequitable under all the circumstances or would frustrate a fundamental purpose of this <br />License. <br />40. Cooperative Drafting. This License has been drafted through a cooperative effort of <br />both parties, and both parties have had an opportunity to have the License reviewed and revised <br />by legal counsel. No party shall be considered the drafter of this License, and no presumption or <br />rule that an ambiguity shall be construed against the party drafting the clause shall apply to the <br />interpretation or enforcement of this License. <br />41. Criminal History in Hirine and Emplovment Decisions. <br />(a) Unless exempt, Licensee agrees to comply with and be bound by all of the <br />provisions of San Francisco Administrative Code Chapter 12T (Criminal History in Hiring and <br />Employment Decisions; "Chapter 12 n, which are hereby incorporated herein by reference as <br />the same may be amended from time to time, with respect to applicants and employees of <br />Licensee who would be or are performing work at the License Area. <br />(b) Licensee shall incorporate by reference the provisions of Chapter 12T in all <br />sublicenses of some or all of the License Area, and shall require all sublicensees to comply with <br />such provisions. Licensee's failure to comply with the obligations in this subsection shall <br />constitute a material breach of the License. <br />(c) Licensee and sublicensees shall not inquire about, require disclosure of, or if such <br />information is received, base an Adverse Action on an applicant's or potential applicant for <br />21 Rev May 2015 <br />Page 21 of 45 <br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT <br />REV: 01-06-17 VR <br />