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VIII. Nondiscrimination <br /> During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, <br /> subcontractors and successors in interest, agrees to comply with the following laws and regulations: <br /> • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law <br /> (42 U.S.C. Chapter 21 Subchapter V § 100-259) <br /> 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 <br /> • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) <br /> U.S.C. Chapter 3 §324) • 23 CFR Part 200 <br /> • Rehabilitation Act of 1973 • 49 CFR Part 21 <br /> (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 <br /> 794) • RCW 49.60.180 <br /> • Age Discrimination Act of 1975 (42 <br /> U.S.C. Chapter 76 § 6101 et. seq.) <br /> In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit <br /> "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached <br /> Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt <br /> by the Regulations or directives issued pursuant thereto. <br /> IX. Termination of Agreement <br /> The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon <br /> ten(10) days written notice to the CONSULTANT. <br /> In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the <br /> CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of <br /> termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this <br /> AGREEMENT. <br /> No payment shall be made for any SERVICES completed after ten (10) days following receipt by the <br /> CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to <br /> Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two <br /> (2) of this section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the <br /> AGENCY for any excess paid. <br /> If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the <br /> CONSULTANT,the above formula for payment shall not apply. <br /> In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the <br /> AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing <br /> SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily <br /> completed to date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY <br /> at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES <br /> required and the time which may be required to do so, and other factors which affect the value to the AGENCY <br /> of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this <br /> subsection exceed the amount,which would have been made using the formula set forth in paragraph two (2) of <br /> this section. <br /> If it is determined for any reason,that the CONSULTANT was not in default or that the CONSULTANT's failure <br /> to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be <br /> deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be <br /> reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. <br /> Local Agency A&E Professional Services Agreement Number 3750-01 <br /> Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 7 of 14 <br />