Agmt 2004 ABAG - Laserfiche WebLink

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The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for 'any liability resulting from growing out of, or in any way connected with or incident to this agreement:. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. ~_ IX. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to implementation of the Project. The .grantee shall retain these documents for three (3) years following the date of final disbursement by ABAG under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by .ABAG ..and the Bureau of State Audits during this period. The grantee may use any accounting system .which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants...: X. NONDISCRIIVIINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against .,,any employee .. or ..applicant :for employment because of sex, race, religion, color, national origin, ancestry, disability,.-medical condition, marital status, age (over 40) or denial of family-care leave, medical-care leave, or pregnancy-disability leave. The. grantee .and its contractors .shall ensure .that .:the..: evaluation. and treatrnent of their employees and applicants for employment are-free of such discrimination and harassment. The grantee and its contractors .shall comply with theprovisions of the Fair Employment and Housing. Act (Govt. Code Sections 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Sections 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance .(Chapter 5 of Division 4 of Title 2 of .the California Code of Regulations), ,are incorporated into this agreement. The grantee and its contractors shall give written notice. of their ,obligations under this clause to labor organizations with which they have a collective. bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. XI. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of ABAG. XII. ASSIGNMENT Without the written consent of ABAG, this agreement is not assignable by the grantee in whole or in part. 6 Planning Grant Agreement - 2001