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4 <br /> 16.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES <br /> The purchase, distribution and use of Business Cards and ORCA Products by the Business <br /> Account and its Cardholders, and access to and use of the ORCA websites, shall be subject to <br /> all applicable federal, state and local law, regulations, ordinances, codes and policies, including <br /> but not limited to the ORCA Terms of Use and Privacy Statement(posted on the ORCA <br /> websites and available in printed form upon request to the Lead Agency), and the Agencies' <br /> respective fares,transfer rules, codes of conduct and other operating policies and procedures. <br /> 17.0 PROHIBITED DISCRIMINATION <br /> The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, <br /> creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical <br /> handicap in the administration of its transportation benefits program, the provision of ORCA <br /> Business Cards and ORCA Products, or the performance of any acts under this Agreement. <br /> The Business Account shall comply fully with all applicable federal, state and local laws, <br /> ordinances, executive orders and regulations which prohibit such discrimination. <br /> 18.0 COMPLIANCE WITH APPLICABLE LAW <br /> The Business Account shall be solely responsible for compliance with all applicable federal, <br /> state and local laws, regulations, resolutions and ordinances, including, but not limited to, any <br /> provisions relating to the Business Account's provision of compensation, benefits or services to <br /> employees or others(e.g. including, but not limited to,transportation fringe benefits)and any <br /> reporting, tax withholding, or other obligations related thereto. The Business Account expressly <br /> acknowledges and agrees that it has not relied on any representations or statements by the <br /> Agencies and will not rely on them to provide any legal, accounting,tax or other advice with <br /> regard to the Business Account's provision of compensation, benefits or services to employees <br /> or others(e.g. including, but not limited to, transportation fringe benefits)and any reporting, <br /> withholding or other obligations related thereto. <br /> 19.0 LEGAL RELATIONS <br /> 19.1 No Partnership,Agency or Employment Relationship Formed. The Business Account <br /> and the Agencies are independent parties and nothing in this Agreement shall be <br /> construed as creating any joint venture, partnership, agency or employment relationship <br /> between and among them or their respective employees. Without limiting the foregoing, <br /> the Business Account understands and agrees that none of its employees or agents <br /> shall be deemed employees or agent,for any purpose, of any of the Agencies and the <br /> Business Account is solely responsible for the acts of its agents and employees and <br /> their compensation, wages,withholdings and benefits. <br /> ORCA Passport Agreement Page 12 of 23 City of Everett BA ID:1891 <br /> December 1,2010-November 30,2011 <br /> 23 <br />