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C
<br /> 21. Caterer agrees to furnish the County with a certificate of insurance in a form
<br /> acceptable to the County certifying that Caterer carries Workmen's Compensation,
<br /> comprehensive (including products), bodily injury and property damage liability
<br /> insurance in such amounts as are acceptable to the County. The County and Caterer
<br /> hereby waive any and all rights of recovery from each other for loss to personal or
<br /> real property, or loss of use thereof, howsoever occurring. This waiver shall include,
<br /> but not be limited to losses covered by policies of fire, extended coverage, boiler
<br /> explosion and sprinkler leakage.
<br /> 22. It is mutually agreed between the parties that neither party shall be held responsible to
<br /> the others for any losses resulting from its delay or failure to perform to the extent
<br /> that the said party is delayed or prevented by Federal, State, or municipal action; war,
<br /> revolution, riot or other disorder; strike or other labor problem; fire, flood, act of God,
<br /> or without limiting the foregoing, by any other cause not within the control of the
<br /> party whose performance is interfered with, and which by the exercise of reasonable
<br /> diligence, the party is unable to prevent, whether of the class of causes hereinbefore
<br /> enumerated or not.
<br /> 23. Caterer covenants that it presently has no interest, direct or indirect, which would
<br /> conflict in any manner or degree with the performance of service required to be
<br /> performed under this Agreement. Caterer further covenants that in the performance
<br /> of this Agreement, no person having any such interest shall be employed.
<br /> 24. No officer, member, or employee of the County and no members of this governing
<br /> body or the locality or localities in which the Project is situated or being carried out
<br /> who exercises any functions or responsibilities in the review or approval of the
<br /> undertaking or carrying out of this Agreement shall participate in any decision
<br /> relating to this Agreement which affects his personal interest or have any personal or
<br /> pecuniary interest, direct or indirect, in the Agreement or the proceeds thereof.
<br /> 25. In the carrying out of the contract work, Caterer will not discriminate against any
<br /> employee or applicant for employment because of age, sex, race, creed, handicap,
<br /> color or national origin. Caterer will take affirmative action to ensure that applicants
<br /> are employed, and that employees are treated during employment without regard to
<br /> their race, creed, handicap, color or national origin. Such action shall include, but not
<br /> be limited to the following: Employment, upgrading, demotion or transfer;
<br /> recruitment or recruitment advertising, layoff or termination; rates of pay or other
<br /> forms of compensation and selection for training, including apprenticeship. Caterer
<br /> agrees to post in conspicuous places, available to all employees and applicants for
<br /> employment, notice to be provided by the Government setting forth the provision of
<br /> this non-discrimination clause. Caterer will, in all solicitations or advertisements for
<br /> employees placed, or on behalf of Caterer, state that all qualified applicants will
<br /> receive consideration for employment without regard to age, sex, race, religion,
<br /> handicap, color or national origin.
<br /> 26. Caterer shall not assign any interest in this Agreement, and shall not transfer any
<br /> interest in same (whether by assignment or notation)without the prior written consent
<br /> of the County thereto. No variation or modification of the Agreement, and no
<br /> waiver of its provisions, shall be valid unless in writing and signed by the duly
<br /> authorized officers of the County and Caterer.
<br /> 27. It is mutually agreed that if any party shall fail to perform or observe any of the terms
<br /> or conditions of this Agreement, the party (ies) claiming such failure shall give the
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