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(h) The Risk Manager of City may approve a variation in those insurance <br /> requirements upon a determination that the coverages, scope, limits and forms of <br /> such insurance are either not commercially available or that the City's interests <br /> are otherwise fully protected. <br /> 5. CONTRACTOR NO AGENT. Except as City may specify in writing. Contractor shall <br /> have no authority. express or implied, to act on behalf of City in any capacity whatsoever <br /> as an agent. Contractor shall have no authority, express or implied, pursuant to this <br /> Agreement to bind City to any obligation whatsoever. <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 <br /> right or obligation pursuant to this Agreement shall be void and of no effect. <br /> 7. PERSONNEL. Contractor 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 <br /> during the term of this Agreement, desires the removal of any such persons, Contractor <br /> shall, immediately upon receiving notice from city of such desire of City, cause the <br /> removal of such person or persons. <br /> 8. EQUAL EMPLOYMENT OPPORTUNITY <br /> (a) Affirmative Action in Employment. Contractor shall comply with the Affirmative <br /> Action Program and Equal Employment requirements of the City. <br /> I. During the performance of this Agreement, Contractor agrees as follows: <br /> a. Contractor 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. Contractor 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. Contractor will incorporate the above Affirmative Action <br /> provisions in all sub - consultants for services covered by this <br /> Agreement. <br /> Exhibit D Page 4 of 6 <br /> 6/12/95 rcv. Istudille /Callan Parking Garage <br /> 5/20/97 rcv. <br />