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5. RECIPIENT NO AGENT. Except as City may specify in writing, Recipient shall have <br /> no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. <br /> Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to <br /> any obligation whatsoever. <br /> • <br /> 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or <br /> obligation pursuant to this Agreement. Any attempted or purported assignment of any right or <br /> obligation pursuant to this Agreement shall be void and of no effect. <br /> 7. PERSONNEL. Recipient shall assign only competent personnel to perform services <br /> pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the <br /> term of this Agreement, desires the removal of any such persons, Recipient shall, immediately <br /> upon receiving notice from city of such desire of City, cause the removal of such person or <br /> persons. <br /> 8. EQUA.L EMPLOYMENT OPPORTUNITY <br /> (a) Affirmative Action in Employment, Recipient shall comply with the Affirmative <br /> Action Program and Equal Employment requirements of the City. <br /> 1. During the performance of this Agreement, Recipient agrees as follows: <br /> a. Recipient will not discriminate against any employee or applicant <br /> for employment because of race, color, religion,.sex, sexual <br /> orientation, handicap, age, or national origin. Recipient will take <br /> affirmative action to ensure that applicants for employment are <br /> employed, and that employees are treated during employment, <br /> without regard to their race, color, religion, handicap, sex, sexual <br /> orientation, age, or national origin. Such action shall include but <br /> not be limited to the following: employment; upgrading; demotion <br /> or transfer; recruitment or recruitment advertising; layoff or <br /> termination; rates of pay or other forms of compensation; and <br /> • selection from training, including apprenticeship. <br /> b. Recipient will incorporate the above Affirmative Action provisions <br /> in all sub - consultants for services covered by this Agreement. <br /> (b) Minority and Female -owned Business Enterprise. In connection with the <br /> performance of this Agreement, Recipient shall comply with the City's current policies <br /> and /or use its best efforts to obtain the maximum utilization of minority -owned business <br /> enterprises based in San Leandro and ensure that minority and female -owned enterprises <br /> based in San Leandro shall have maximum practicable opportunity for subcontractor <br /> work under this Agreement. <br /> Exhibit D Page 4 of 6 <br />