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� Page 2 of 4 � • <br /> ; <br /> Y <br /> �i <br /> 6. Vt�ANER <br /> � No delay or omission by either party in exercising any right under this agreement shall <br /> � operate as a waiver of that or any other right or prevent a similar subsequent act from <br /> # constituting a violation of the agreement. <br /> 7. EQUAL EMPLOYMENT OPPORT'UNTTY <br /> � � In connection with the performance of this agreernent, the CONTRACTOR shall not <br /> � discriminate against any ernployee or applicant for employment beeause of race, religion, <br /> " color,sex,physical handicap,or national origin. <br /> � 8. HOLD HARMLESS <br /> � CONTRACTOR agrees to indemnify and defend the RCSD, its offieers, employees, <br /> " agents and assigns from and against all clairns, damages, losses, expenses, costs, <br /> � <br /> attorneys' fees and liability arising out of or resulting from either (i} C�NTRACTOR's <br /> � breach of its obligations under this contract or(ii) the negligence or willful misconduct of <br /> the CONTRACTOR or its officers, employees or agents <br /> � <br /> Conversely, RCSD agrees to indemnify and defend the CONTRACTOR, its officers, <br /> employees, agents and assigns fmm and against all claims, damages, losses, expenses, <br /> fi costs, attorneys' fees and liability arising out of or resulting from either(i)RCSD's breach <br /> � of its obligations under this contract or (ii) the negligence or willful misconduct of the <br /> �� RCSD or its officers,employees or agents for this amendment agreernent. <br /> � <br /> a <br /> � 9. DISPUTE RESOLUTION <br /> � Should any dispute arise out of this agreement, the parties should rneet in mediation and <br /> �� attempt to reach a resolution with the assistance of a mutually acceptable mediator. The <br /> costs of the mediator, if any, shall be shared by the CONTRACTQR and RCSD. If a <br /> = mediated settlement is reached,neither party shall be the prevailing party for the purposes <br /> � of this settlement. Neither party shall be permitted to file legal action without first <br /> � <br /> � meeting in mediation and maintaining a good faith attempt to reach a mediated <br /> � resolution. <br /> � <br /> � 10. TERMiNATION <br /> A RCSD may at any time terminate this agreement upon written notice to CONTRACTOR. <br /> � RCSD shall compensate CONTRACTOR for services satisfactarily provided through the <br /> � date of termination, subjecti to contingency provision in Section 12. In addition, RCSD <br /> � may terminate this agreement for cause should CONTRACTOR fail to perf'orm any part <br /> � of this agreement. In the event of termination far cause, RCSD may secure the required <br /> �� services from another contractor. If the cost to RCSD exceeds the cost of providing the <br /> services pursuant to this agreement, CONTRACT{�R shall pay the additional cost. <br /> � <br /> { <br /> � <br /> ,, <br /> � <br /> � <br /> � Initial��/ <br /> � <br /> � <br /> � <br /> � <br /> � <br /> � <br /> r <br />