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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons <br /> while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and <br /> responsibility of the CONSULTANT. <br /> The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any <br /> professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ <br /> of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired <br /> employees,without written consent of the public employer of such person. <br /> VIII Nondiscrimination <br /> During the performance of this contract,the CONSULTANT,for itself, its assignees,and successors in interest agrees <br /> to comply with the following laws and regulations: <br /> Title VI of the Civil Rights Act of 1964 <br /> (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) <br /> Federal-aid Highway Act of 1973 <br /> (23 USC Chapter 3 Section 324) <br /> Rehabilitation Act of 1973 <br /> (29 USC Chapter 16 Subchapter V Section 794) <br /> Age Discrimination Act of 1975 <br /> (42 USC Chapter 76 Section 6101 et seq.) <br /> Civil Rights Restoration Act of 1987 <br /> (Public Law 100-259) <br /> American with Disabilities Act of 1990 <br /> (42 USC Chapter 126 Section 12101 et. seq.) <br /> 49 CFR Part 21 <br /> 23 CFR Part 200 <br /> RCW 49.60.180 <br /> In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" <br /> attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in <br /> every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or <br /> directives issued pursuant thereto. <br /> IX Termination of Agreement <br /> The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to <br /> 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 fmal payment shall be made to the CONSULTANT as shown in Exhibit"I" for the type of <br /> AGREEMENT used. <br /> No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the <br /> Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds <br /> the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the <br /> CONSULTANT shall immediately reimburse the AGENCY for any excess paid. <br /> If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, <br /> the above formula for payment shall not apply. <br /> Page 4 of 8 <br />