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DocuSign Envelope ID: 262ABA18-5354-4F41-9508-9B13C8ACBA6D <br />U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against <br />Discrimination. In the event of Contractor's noncompliance or refusal to comply with any <br />nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or <br />terminated in whole or in part under Section 29, Termination for Cause, and Contractor may be <br />declared ineligible for further contracts with HCA. <br />17. PAY EQUITY <br />17.1. Contractor represents and warrants that, as required by Washington state law (Engrossed <br />House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its <br />workers by ensuring similarly employed individuals are compensated as equals. For <br />purposes of this provision, employees are similarly employed if (i) the individuals work for <br />Contractor, (ii) the performance of the job requires comparable skill, effort, and <br />responsibility, and (iii) the jobs are performed under similar working conditions. Job Titles <br />alone are not determinative of whether employees are similarly employed. <br />17.2. Contractor may allow differentials in compensation for its workers based in good faith on <br />any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures <br />earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or (v) a <br />bona fide regional difference in compensation levels. <br />17.3. Bona fide job-related factor(s)" may include, but not be limited to, education, training, or <br />experience, that is: (i) consistent with business necessity; (ii) not based on or derived from <br />a gender-based differential; and (iii) accounts for the entire differential. <br />17.4. A "bona fide regional difference in compensation level" must be (i) consistent with business <br />necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for <br />the entire differential. <br />17.5. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's <br />failure to provide satisfactory evidence of compliance within thirty (30) Days of HCA's <br />request for such evidence, HCA may suspend or terminate this Contract. <br />18. GOVERNANCE <br />This Agreement is entered into pursuant to and under the authority granted by the laws of the state <br />of Washington and any applicable federal laws. The provisions of this Agreement will be construed <br />to conform to those laws. <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br />applicable statute or rule, the inconsistency will be resolved by giving precedence in the following <br />order: <br />18.1. Applicable state and federal statutes and rules; <br />18.2. Recitals; <br />18.3. Special Terms & Conditions; <br />Washington State Page 17 of 53 HCA IAA K4649 <br />Health Care Authority Revised 10/2020 <br />