R2014-86 AUTHORIZING EXECUTION OF WATER DISTRIBUTION SYSTEM LEAK DETECTION SURVEY

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from military service. (4) That it will send to each labor organization or 4.11 Notices representative of workers with which it has or is bound by a A. Any notice required under this Agreement shall be in collective bargaining or other agreement or understanding, a writing,addressed to the appropriate Party at its address on the notice advising such labor organization or representative of signature page and given personally, by registered or certified the Contractor's obligations under the Illinois Human Rights mail postage prepaid, or by a commercial courier service. All Act and the Department's Rules and Regulations. If any such notices shall be effective upon the date of receipt. labor organization or representative fails or refuses to cooperate with the Contractor in its efforts to comply with 4.12 Survival such Act and Rules and Regulations, the Contractor will A. All express representations, indemnifications, promptly so notify the Department and the contracting agency limitations of liability, and assurances of confidentiality and will recruit employees from other sources when necessary included in this Agreement shall survive its completion or to fulfill its obligations there under. termination for any reason. (5) That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant 4.13 Severability A. Any provision or part of this Agreement held to be void information as may from time to time be requested by the Department or the contracting agency, and in all respects or unenforceable under any Laws or Regulations shall be complcomply with the Illinois Human Rights Act and the deemed stricken, and all remaining provisions shall continue to y with Rules and Act be valid and binding upon Client and ADS,who agree that the Department's Regulations. Agreement shall be reformed to replace such strickenP rovision (6) That it will permit access to all relevant books, or part thereof with a valid and enforceable provision that comes records, accounts and work sites by personnel of the as close as possible to expressing the intention of the stricken contracting agency and the Department for purposes of provision. investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 4.14 Waiver A. Non-enforcement of any provision by either Party shall (7) That it will include verbatim or by reference the not constitute a waiver of that provision, nor shall it affect the provisions of this clause in every subcontract it awards under enforceability of that provision or of the remainder of this which any portion of the contract obligations are undertaken Agreement. or assumed,so that such provisions will be binding upon such contractor. In the same manner as with other provisions of 4.15 Headings this contract,the contractor will be liable for compliance with A. The headings used in this Agreement are for general applicable provisions of this clause by such subcontractors; reference only and do not have special significance. and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses 4.16 Entire Agreement to comply therewith. In addition, the contractor will not A. This Agreement constitutes the entire agreement utilize any subcontractor declared by the Illinois Human between the Parties and exclusive statement of the terms Rights Commission to be ineligible for contracts or between the Parties with respect to services to be performed subcontracts with the State of Illinois or any of its political hereunder. The Exhibits referenced in this Agreement and the subdivisions or municipal corporations. specifications and drawings referenced therein are a part of this Agreement with the same force and effect as if fully set 4.11 Freedom of Information Act forth herein. No alteration, modification, or amendment of any of the provisions hereof shall be binding unless in writing A. Illinois Freedom of Information Act. All documents and signed by duly Authorized Representatives of the Parties. and records in the possession of ADS, its sub-contractors and any other person employed by ADS or its sub-contractor to perform any act or function pursuant to this Agreement which act or function shall be considered a governmental function on the CITY's behalf and directly related to the governmental function of the CITY, are subject to the provisions of the Illinois Freedom of Information Act. ADS agrees to fully cooperate with the CITY to ensure the CITY's compliance with the Freedom of Information Act and agrees to indemnify and hold the CITY harmless for any failure by ADS to comply with the provisions of said Act. QF 172009 Rev CO 03/31/2014 Uncontrolled Copy 4 ADS LLC