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H.The Risk Manager of City may approve a variation in those insurance requirements <br /> upon a determination that the coverages, scope, limits and forms of such insurance are <br /> either not commercially available or that the City's interests are otherwise fully protected. <br /> V.AECIPIENT NO AGENT. Except as City may specify in writing, Recipient shall have no <br /> 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 /> VLASSIGNMENT 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 /> VII.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 /> VIILEQUAL 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 /> 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 performance <br /> of this Agreement, Recipient shall comply with the City's current policies and /or use its <br /> best efforts to obtain the maximum utilization of minority -owned business enterprises <br /> based in San Leandro and ensure that minority and female -owned enterprises based in <br /> Exhibit D Page 4 of 6 <br />