Agmt 2007 City of Oakland Port Commissioners

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g) That Permittee assures that it will undertake an affirmative action program as required by 14 eFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment acti vi ties covered in 14 eFR Part 152, Subpart E, as issued on February 7, 1980, or as subsequently amended by the United States Department of Transportation, Federal Aviation Administration. Permittee further assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or acti vi ty covered by this Subpart. Permittee assures that it will require that its covered suborganizations provide assurances to Permittee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 eFR Part 152, Subpart E, to the same effect; and h) That Permittee's noncompliance with the provision of this clause shall constitute a material breach of this agreement. In the event of a breach of any of the above-stated nondiscrimination and affirmative action covenants, the Port or the united States shall have the right to consider but not be limited to the following: i) The Port may terminate this agreement and re-enter and possess said land and the facilities thereon, and hold the same as if this agreement had never been made, without liability therefor; or ii) The Port or the United States may seek judicial enforcement or said covenants. The Port shall assist Permittee in preparing the required affirmative action program to secure equal employment opportuni ties whenever such assistance would be beneficial, and shall be available to advise and counsel Permittee in the implementation of Permittee's Affirmative Action Program. 8) Employment understood activities Resources Development Program: and agreed with respect to upon the Premises: It is further expressly Permittee's construction a) That Permittee shall cooperate in implementing the goals of the Port's Employment Resources Development Program, hereinafter called the "ERDP", as set forth in Port Resolution No. 26291, as amended. Permittee understands the Port's ERDP seeks to address the needs of Port tenants for a quali fied work force and the needs of Oakland's chronically unemployed and underemployed for employment, by identifying employment opportunities, by providing employment training and counseling for persons seeking such opportunities and by facilitating the employment of those persons qualified to fill the jobs identified; Oyster Bay Slough Trail Improvements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 5