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AMENDMENT NO.4
<br /> TOWN OF MASHPEE AND
<br /> GHD INC.
<br /> PAGE 20
<br /> 25. Any subcontractors and outside associates or consultants required by the Contractor in connection with
<br /> services under this agreement will be limited to such individuals or firms as were specifically identified
<br /> and agreed to during negotiations, or as the OWNER specifically authorizes in writing during the
<br /> performance of this agreement. The OWNER must give prior approval for any substitutions in or
<br /> additions to such subcontractors, associates, or consultants.
<br /> 26. In connection with the performance of work under this contract, the Contractor shall not discriminate
<br /> against any employee or applicant for employment because of race, color, religious creed, national
<br /> origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability, shall not
<br /> discriminate in the selection or retention of subcontractors,and shall not discriminate in the procurement
<br /> of materials and rentals of equipment.
<br /> 27. The Contractor warrants that no person or selling agency has been employed or retained to solicit or
<br /> secure this contract upon an agreement or understanding for a commission, percentage, brokerage,or
<br /> contingent fee, excepting bona fide employees,,For breach or violation of this warranty the OWNER
<br /> shall have the right to annul this agreement without liability or in its discretion to deduct from the contract
<br /> price or consideration, or otherwise recover, the full amount of such commission, percentage,
<br /> brokerage, or contingent fee.
<br /> 28. If it is found, after notice and hearing, by the OWNER that the Contractor, or any of the Contractor's
<br /> agents or representatives, offered.`or.gave gratuities (in form of entertainment, gifts, or otherwise), to
<br /> any official, employee or agent of the OWNER, or of the state, in an attempt to secure a contract or
<br /> favorable treatment in awarding, amgndrng;'or making any determination related to the performance of
<br /> this agreement, the, OWNER may, by written notice to the Contractor, terminate the right of the
<br /> Contractor to proceed under this agreement The'OWNER may also pursue other rights and remedies
<br /> that the law or,this agreement provides However', the existence of the facts upon which the OWNER
<br /> bases such findings shall be;;ij .issue and May reviewed in proceedings under the remedies clause
<br /> of this agreement.
<br /> 29. In he event`this agreement'is terminated,as provided in paragraph 3.01.A.28, the OWNER shall be
<br /> entitled: (1) To,p,ursue the'same remedies against the Contractor as it could pursue in the event of a
<br /> ''reach of the contract by the'Contractor, and(2)as penalty, in addition to any other damages to which
<br /> it may be entitled by law,to exemplary damages in an amount(as determined by the OWNER)which
<br /> shall be not less than three nor more than ten times the costs the Contractor incurs in providing any
<br /> such gratuities to any such;officer or employee.
<br /> 30. MassDEP has.;the right to use, duplicate, and disclose, in whole or in part, in any manner for any
<br /> purpose whatsoever, 61h' plans, drawings, designs, specifications, computer programs (which are
<br /> substantially paid fo(,with Trust funds),technical reports, operating manuals, and other work submitted
<br /> with an application or which are specified to be delivered under this agreement or which are developed
<br /> or produced and paid for under this agreement. The OWNER and MassDEP reserve a royalty-free,
<br /> non-exclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in
<br /> part, and to authorize others to do so. The Contractor shall include appropriate provisions to achieve
<br /> the purpose of this condition in all subcontracts expected to produce copyrightable subject data.
<br /> 31. All such subject data furnished by the Contractor pursuant to this agreement are instruments of his
<br /> services in respect of the project. It is understood that the Contractor does not represent such subject
<br /> data to be suitable for reuse on any other project or for any other purpose. If the OWNER reuses the
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