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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
<br />other parties a written notice of such breach. If within fifteen (15) calendar days from
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