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Such action shall include, but not be limited to, the following: Employment, upgrading,
<br />demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships
<br />and volunteers. This requirement does not apply, however, to a religious corporation,
<br />association, educational institution or society with respect to the employment of individuals of a
<br />particular religion to perform work connected with the carrying on by such corporation,
<br />association, educational institution or society of its activities.
<br />8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 et
<br />seq. and its implementing regulations also referred to as the "ADA" 28 CFR Part 35. The Contractor
<br />must comply with the ADA, which provides comprehensive civil rights protection to individuals with
<br />disabilities in the areas of employment, public accommodations, state and local government services,
<br />and telecommunication.
<br />9. CONTRACT MODIFICATIONS
<br />The Department and the Contractor may, from time to time, request changes in services to be
<br />performed with the funds. Any such changes that are mutually agreed upon by the Department and the
<br />Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed
<br />and understood that no alteration or variation of the terms of this contract shall be valid unless made in
<br />writing and signed by the parties hereto, and that any oral understanding or agreements not
<br />incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding.
<br />10. TERMINATION OF CONTRACT
<br />a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
<br />obligations under this contract or if the Contractor shall violate any of its covenants,
<br />agreements, or stipulations of this contract, the Department shall thereupon have the right to
<br />terminate this contract and withhold the remaining allocation if such default or violation is not
<br />corrected within thirty (30) days after submitting written notice to the Contractor describing such
<br />default or violation.
<br />b. Notwithstanding any provisions of this contract, either party may terminate this contract by
<br />providing written notice of such termination, specifying the effective date thereof, at least thirty
<br />(30) days prior to such date.
<br />C. Reimbursement for Contractor services performed, and not otherwise paid for by the
<br />Department prior to the effective date of such termination, shall be as the Department
<br />reasonably determines.
<br />d. The Department may unilaterally terminate all or part of this contract, or may reduce its scope of
<br />work and budget, if there is a reduction in funds by the source of those funds, and if such funds
<br />are the basis for this contract.
<br />11. CONTRACTOR NOT EMPLOYEE
<br />The Contractor, and/or employees or agents performing under this contract are not employees or
<br />agents of the Department in any manner whatsoever. The Contractor will not be presented as nor
<br />claim to be an officer or employee of the Department or of the State of Washington by reason hereof,
<br />nor will the Contractor make any claim, demand, or application to or for any right or privilege applicable
<br />to an officer or employee of the Department or of the State of Washington, including, but not limited to,
<br />Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
<br />retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
<br />under Chapter 41.06 RCW.
<br />It is understood that if the Contractor is another state department, state agency, state university, state
<br />college, state community college, state board, or state commission, that the officers and employees are
<br />employed by the state of Washington in their own right.
<br />If the Contractor is an individual currently employed by a Washington State agency, the Department
<br />shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
<br />interest" shall be submitted to the Department.
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