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9.6 Discrimination <br /> The Contractor assures the District that the Contractor complies with all state and federal guidelines <br /> and/or regulations and does not discriminate on the basis of race, creed, color, national origin, gender, <br /> age,marital status,veteran's status,or presence of any physical,sensory or mental handicap,or any other <br /> protected group under the law with regard to but not limited to the following: employment, upgrading, <br /> demotion or transfer;recruitment or recruitment advertising;layoffs or termination; rates of pay or other <br /> forms of compensation; selection for training;rendition of services. <br /> 9.7 No Third-Party Beneficiary <br /> This Contract is for the sole and exclusive benefit of the District and the Contractor and shall not create <br /> a contractual relationship with,or cause of action in favor of,any third party. <br /> 9.8 Severability <br /> Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under <br /> applicable law.If any provision is found to be invalid,illegal or unenforceable,then such provision or <br /> portion thereof shall be modified to the extent necessary to render it legal,valid and enforceable and <br /> have the intent and economic effect as close as possible to the invalid,illegal and unenforceable <br /> provision. <br /> 9.9 Non-Waiver of Breach <br /> No action or failure to act by the District shall constitute a waiver of any right or duty afforded to the <br /> District under the Contract; nor shall any such action or failure to act by the District constitute an <br /> approval of,or acquiescence in,any breach hereunder,except as may be specifically stated by the <br /> District in writing. <br /> 9.10 Family Educational Rights&P riv acy Act <br /> This contract is subject to the Family Educational Rights and Privacy Act(FERPA) (2o U.S.C. § 1.232g; <br /> 34 CPR Part 99)that protects the privacy of student education records.The law applies to all schools <br /> that receive funds under an applicable program of the U.S. Department of Education and District and <br /> Agency agree to abide by the stipulations and requirements of the FERPA rulings,as it exists at the time <br /> this Contract is signed and/or as it is amended and such amendment cones into effect during the <br /> • duration of this Contract. <br /> END OF TERMS AND CONDITIONS <br />