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In the performance of this Agreement, the Company will not discriminate against any <br />employee or applicant for employment on the grounds of race, creed, color, national <br />origin, sex, marital status, age or the presence of any sensory, mental or physical <br />handicap; provided that the prohibition against discrimination in employment because of <br />handicap shall not apply if the particular disability prevents the proper performance of the <br />particular worker involved. The Company shall ensure that applicants are employed, and <br />that employees are treated during employment without discrimination because of their race, <br />creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or <br />physical handicap. Such action shall include, but not be limited to: employment, upgrading, <br />demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of <br />pay or other forms of compensation, and programs for training including apprenticeships. <br />The Company shall take such action with respect to this Agreement as may be required to <br />ensure full compliance with local, state and federal laws prohibiting discrimination in <br />employment. <br />b) Nondiscrimination in Services. <br />The Company will not discriminate against any recipient of any services or benefits provided <br />for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, <br />age or the presence of any sensory, mental or physical handicap. <br />c) If any assignment and/or subcontracting has been authorized by the County, said assignment <br />or subcontract shall include appropriate safeguards against discrimination. The Company <br />shall take such. action as may be required to ensure full compliance with the provisions in the <br />immediately preceding paragraphs herein. <br />37. TAXES. The Company understands and acknowledges that the County will not withhold Federal <br />or State income taxes. Where required by State or Federal law, the Company authorizes the County to <br />make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the <br />Company will be reported to the Internal Revenue Service at the end of the calendar year in accordance <br />with the applicable IRS regulations. It is the responsibility of the Company to make the necessary <br />estimated tax payments throughout the year, if any, and the Company is solely liable for any tax obligation <br />arising from the Company's performance of this Agreement. The Company hereby agrees to indemnify the <br />County against any demand to pay taxes arising from the Company's failure to pay taxes on compensation <br />earned pursuant to this Agreement. <br />The County will pay sales and use taxes imposed on goods or services acquired hereunder such as <br />Business and Occupation Tax and Refuse Tax as required by law. The Company must pay all other taxes <br />including, but not limited to: Business and Occupation Tax, taxes based on. the Company's gross or net <br />income, or personal property to which the County does not hold title. The County is exempt from Federal <br />Excise Tax. <br />38. LIQUIDATED DAMAGES. As a breach of the services provided by the Company under this <br />Agreement would cause serious and substantial damage to the County and its residents, and the nature of <br />this Agreement would render it impracticable or extremely difficult to fix the actual damage sustained <br />28 <br />