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<br /> <br />6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement <br />during any dispute. <br /> <br />7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be <br />relieved of any payments should the Contractor fail to perform the requirements of this <br />Agreement at the time and in the manner herein provided. In the event of such <br />termination the State may proceed with the work in any manner deemed proper by the <br />State. All costs to the State shall be deducted from any sum due the Contractor under <br />this Agreement and the balance, if any, shall be paid to the Contractor upon demand, <br /> <br />8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of <br />Contractor, in the performance of this Agreement, shall act in an independent capacity <br />and not as officers or employees or agents of the State. <br /> <br />9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty <br />of perjury, the minimum, if not exact, percentage of recycled content, both post <br />consumer waste and secondary waste as defined in the Public Contract Code, Sections <br />12161 and 12200, in materials, goods, or supplies offered or products used in the <br />performance of this Agreement, regardless of whether the product meets the required <br />recycled product percentage as defined in the Public Contract Code, Sections 12161 <br />and 12200. Contractor may certify that the product contains zero recycled content. <br />(PCC 10233, 10308,5, 10354) . <br /> <br />10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, <br />Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow <br />harassment against any employee or applicant for employment because of sex, race, <br />color, ancestry, religious creed, national origin, physical disability (including HIV and <br />AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and <br />denial of family care leave. Contractor and subcontractors shall insure that the <br />evaluation and treatment of their employees and applicants for employment are free <br />from such discrimination and harassment. Contractor and subcontractors shall comply <br />with the provisions of the Fair Employment and Housing Act (Government Code Section <br />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 <br />Fair Employment and Housing Commission implementing Government Code Section <br />12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of <br />Regulations, are incorporated into this Agreement by reference and made a part hereof <br />as if set forth in full. Contractor and its subcontractors shall give written notice of their <br />obligations under this clause to labor organizations with which they have a collective <br />bargaining or other Agreement. <br /> <br />Contractor shall include the nondiscrimination and compliance provisions of this clause <br />in all subcontracts to perform work under the Agreement. <br /> <br />11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES <br />contained in the document CCC 304 are hereby incorporated by reference and made a <br />part of this Agreement by this reference as if attached hereto. <br /> <br />9 <br /> <br />14919 <br />