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<br /> be required by the ADA. Nothing in this Section 10.2 or elsewhere in this Agreement shall,
<br /> however, require PFPC to undertake any of the foregoing compliance activity, nor shall
<br /> PFPC have any liability under this Agreement therefor, if (a) such activity requires any
<br /> Capital Improvements, unless the County provides funds for such Capital Improvements
<br /> pursuant to Section 4.0 hereof, or (b) any Pre-existing Agreement fails to require any
<br /> licensee, lessee, tenant, or user of any portion of the Facilities to comply, and to be
<br /> financially responsible for compliance, with Title III of the ADA in connection with any
<br /> activities of such licensee, lessee, tenant, or user at the Facilities. Furthermore, PFPC
<br /> shall have the right to require any licensee, lessee, tenant, or user of any portion of the
<br /> Facility to comply, and to be financially responsible for compliance, with Title III of the
<br /> ADA in connection with any activities of such licensee, lessee, tenant, or user at the
<br /> Facility.
<br /> 10.3 No Discrimination in Employment or Services.
<br /> In connection with its performance under this Agreement, PFPC shall not refuse to hire,
<br /> discharge, refuse to promote or demote, or discriminate in matters of compensation, or
<br /> use of the Facility against, any Person otherwise qualified, solely because of age (as
<br /> defined in the Orange County Civil Rights Ordinance), race, ethnicity, color, national
<br /> origin, religion, creed, sex, sexual orientation, gender, gender identity, gender expression,
<br /> marital status, familial status, source of income, disability, political affiliation, veteran
<br /> status, disabled veteran status, or natural hair texture or style.
<br /> 11. Termination.
<br /> 11.1 Termination Upon Default.
<br /> Either party may terminate this Agreement upon an uncured default by the other party
<br /> hereunder. A party shall be in default hereunder such party fails in any material respect
<br /> to perform or comply with any of the other terms, covenants, agreements or conditions
<br /> hereof and such failure continues for more than thirty (30) days after written notice thereof
<br /> from the other party. In the event that a default (other than a default in the payment of
<br /> money) is not reasonably susceptible to being cured within the thirty (30) day period, the
<br /> defaulting party shall not be considered in default if it shall within such thirty (30) day
<br /> period have commenced with due diligence and dispatch to cure such default and within
<br /> a reasonable time thereafter completes with dispatch and due diligence the curing of such
<br /> default.
<br /> 11.2 Termination Other than Upon Default.
<br /> (a) Either party may terminate this Agreement upon ninety (90) days written notice to the
<br /> other party unless otherwise set forth herein.
<br /> (b) Either party may terminate this Agreement under the circumstances specified in
<br /> Section 11.7(c).
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