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and the scope of work at the time of Contract execution expressly calls for future <br />recommendations among the Contractor’s own products. <br />d) The restrictions set forth in this Section are in addition to conflict of interest restrictions <br />imposed on public Contractors by California law (“Conflict Laws”). In the event of any <br />inconsistency, such Conflict Laws override the provisions of this Section, even if enacted <br />after execution of this Contract. <br />48.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of <br />$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded <br />by the Contract to qualified recipients of aid under Welfare and Institutions Code Section <br />11200 in accordance with PCC Section 10353. <br />49.COVENANT AGAINST GRATUITIES: The Contractor warrants that no gratuities (in the form <br />of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or <br />representative of the Contractor, to any officer or employee of the State with a view toward <br />securing the Contract or securing favorable treatment with respect to any determinations <br />concerning the performance of the Contract. For breach or violation of this warranty, the State <br />shall have the right to terminate the Contract, either in whole or in part, and any loss or <br />damage sustained by the State in procuring on the open market any items which the <br />Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and <br />remedies of the State provided in this clause shall not be exclusive and are in addition to any <br />other rights and remedies provided by law or in equity. <br />50.NONDISCRIMINATION CLAUSE: <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 25 of 28 <br />a) During the performance of this Contract, the Contractor and its subcontractors shall not <br />unlawfully discriminate, harass or allow harassment, against any employee or applicant <br />for employment because of sex, sexual orientation, race, color, ancestry, religious creed, <br />national origin, disability (including HIV and AIDS), medical condition (cancer), age, <br />marital status, and denial of family care leave. The Contractor and subcontractors shall <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575