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6.1.D. - Page 8 <br />Title 2, section 7285 et seq.). The regulations of the Fair Employment and Housing <br />Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of <br />Division 4 of Title 2 of the California Code of Regulations) are incorporated into this <br />Agreement by this reference. <br />This nondiscrimination clause shall be included in all contracts and subcontracts <br />entered into to perform work provided for under this Agreement. <br />10. RELIGIOUS ACTIVITY PROHIBITED <br />There shall be no religious worship, instruction, or proselytizing as part of, or in <br />connection with, the performance of this Agreement. <br />11. RECORDS <br />DU shall maintain financial accounts, documents, and records (collectively, <br />"records ") relating to this Agreement, in accordance with the guidelines of "Generally <br />Accepted Accounting Principles" ( "GAAP ") published by the American Institute of <br />Certified Public Accountants. The records shall include, without limitation, evidence <br />sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds <br />related to the construction of the Project, and the use, management, operation and <br />maintenance of the real property. <br />DU agrees to provide to City, to any federal or state department having <br />monitoring or reviewing authority, to City's authorized representatives and /or their <br />appropriate audit agencies upon reasonable notice, access to, and the right to examine <br />and audit all records and documents necessary to determine compliance with relevant <br />federal, state, and local statutes, rules and regulations. <br />12. COMPLIANCE WITH APPLICABLE LAWS <br />All services to be performed by DU pursuant to this Agreement shall be <br />performed by DU at its expense in accordance with all applicable federal, state, and City <br />laws, ordinances and regulations, including but not limited to appropriate licensure, <br />certification regulations, and provisions pertaining to confidentiality records, and <br />applicable quality assurance regulations. <br />13. SUBCONTRACTORS <br />If DU retains any contractors to accomplish any of the work of this Agreement, <br />DU shall first enter into an agreement with each contractor requiring the contractor to <br />meet the terms of this Agreement and to make the terms applicable to all <br />subcontractors. <br />14. ASSIGNMENT <br />Without the written consent of the City Manager or his designee, DU may not <br />assign this Agreement in whole or in part. <br />15. DEFAULT AND REMEDIES <br />ATTY /AGR /2011.009 /DUCKS UNLIMITED <br />032511 revised final version <br />