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State. All costs to the State shall be deducted from any sum due the Grantee under this <br /> Agreement and the balance, if any, shall be paid to the Grantee upon demand. <br /> 9. RECYCLING CERTIFICATION: The Grantee shall certify in writing under penalty of <br /> perjury, the minimum, if not exact, percentage of post consumer material as defined in <br /> the Public Contract Code Section 12200, in products, materials, goods, or supplies <br /> offered or sold to the State regardless of whether the product meets the requirements of <br /> Public Contract Code Section 12209. With respect to printer or duplication cartridges <br /> that comply with the requirements of Section 12156(e), the certification required by this <br /> subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). <br /> 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, <br /> Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow <br /> harassment against any employee or applicant for employment because of sex, race, <br /> color, ancestry, religious creed, national origin, physical disability (including HIV and <br /> AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, <br /> and denial of family care leave. Grantee and subcontractors shall insure that the <br /> evaluation and treatment of their employees and applicants for employment are free <br /> from such discrimination and harassment. Grantee and subcontractors shall comply <br /> with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et <br /> seq.) and the applicable regulations promulgated thereunder (California Code of <br /> Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair <br /> Employment and Housing Commission implementing Government Code Section 12990 <br /> (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, <br /> are incorporated into this Agreement by reference and made a part hereof as if set forth <br /> in full. Grantee and its subcontractors shall give written notice of their obligations under <br /> this clause to labor organizations with which they have a collective bargaining or other <br /> Agreement. <br /> Grantee shall include the nondiscrimination and compliance provisions of this clause in <br /> all subcontracts to perform work under the Agreement. <br /> 11. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES <br /> contained in the document CCC 307 are hereby incorporated by reference and made a <br /> part of this Agreement by this reference as if attached hereto. <br /> 12. TIMELINESS: Time is of the essence in this Agreement. <br /> 13. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall <br /> be in compensation for all of Grantee's expenses incurred in the performance hereof, as <br /> outlined in Exhibit B, item #1. <br /> 14. GOVERNING LAW: This Agreement is governed by and shall be interpreted in <br /> accordance with the laws of the State of California. <br /> 15. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that <br /> if these services or goods are obtained by means of a competitive bid, the Grantee shall <br /> comply with the requirements of the Government Codes Sections set out below. <br /> a. The Government Code Chapter on Antitrust claims contains the following definitions: <br /> 9 <br />