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13-121 - City of Sunnyvale - State of California

13-121 - City of Sunnyvale - State of California

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y or under the control <strong>of</strong> a Party claiming Force Majeure, including acts <strong>of</strong> God,<br />

fires, floods, explosions, wars, riots, hurricane, earthquake, sabotage, terrorism,<br />

vandalism, accident, restraint <strong>of</strong> government, governmental acts, injunctions,<br />

labor strikes, and other like events that are beyond the reasonable anticipation<br />

and control <strong>of</strong> the Party affected thereby, despite such Party’s reasonable efforts to<br />

prevent, avoid, delay, or mitigate the effects <strong>of</strong> such acts, events or occurrences<br />

and which events or the effects there<strong>of</strong> are not attributable to a Party’s failure to<br />

perform its obligations under this Agreement.<br />

SECTION 21. DISCRIMINATION PROHIBITED. Neither CONTRACTOR nor<br />

any <strong>of</strong>ficer, agent, or employee there<strong>of</strong> shall discriminate in the employment <strong>of</strong><br />

persons to perform any service or activity at the swim facility, or discriminate<br />

against any person in the use or access to the Pool or Pool Building on account <strong>of</strong><br />

race, color, national origin, ancestry, religion, sex, sexual orientation, disability, or<br />

medical condition in violation <strong>of</strong> any law, or on account <strong>of</strong> any other basis for<br />

discrimination prohibited by state or federal law.<br />

SECTION 22. NOTICES. Any action, notice or request required to be taken,<br />

given or made by CITY hereunder may be taken, given or made by the <strong>City</strong><br />

Manager or his or her designee.<br />

A. All notices, requests or other papers required to be given or delivered to<br />

CONTRACTOR shall be deemed to be duly and properly given or made if mailed to<br />

CONTRACTOR, postage prepaid, addressed to:<br />

____________________________<br />

___________________________<br />

___________________________<br />

___________________________<br />

or personally delivered to CONTRACTOR at such address, or at such other address<br />

as CONTRACTOR may designate in writing to CITY.<br />

B. All notices, requests or other papers required to be given or delivered to<br />

CITY shall be deemed to be duly and properly given or made if mailed to CITY<br />

postage prepaid, addressed to:<br />

21

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