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15.0 FORCE MAJEURE
<br />The ORCA Agencies and each of them shall be relieved of any obligations under this Agreement to
<br />the extent they are rendered unable to perform or comply with such obligations as a direct or indirect
<br />result of a force majeure event or any other circumstance not within such party's control, including
<br />but not limited to acts of nature, acts of civil or military authorities, terrorism, fire or water damage,
<br />accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industrial, civil
<br />or public disturbances.
<br />16.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
<br />The purchase, distribution and use of Business Cards by the Business Account and its Cardholders,
<br />and access to and use of the ORCA websites, shall be subject to all applicable federal, state and
<br />local law, regulations, ordinances, codes and policies, including but not limited to the fares, transfer
<br />rules, code of conduct and other operating policies and procedures established by each of the
<br />ORCA Agencies for their transportation services.
<br />17.0 PROHIBITED DISCRIMINATION
<br />The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality,
<br />creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical
<br />handicap in the administration of its transportation program, the provision of ORCA Business Cards
<br />and ORCA Products or the performance of any acts under this Agreement. The Business Account
<br />shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and
<br />regulations which prohibit such discrimination.
<br />18.0 COMPLIANCE WITH APPLICABLE LAW
<br />The Business Account shall be solely responsible for compliance with all applicable federal, state
<br />and local laws, regulations, resolutions and ordinances, including but not limited to any provisions
<br />relating to the Business Account's provision of compensation, benefits or services to employees or
<br />others (e.g. including but not limited to transportation fringe benefits) and any reporting, tax
<br />withholding or other obligations related thereto The Business Account expressly acknowledges and
<br />agrees that it has not relied on any representations or statements by the ORCA Agencies and will
<br />not rely on them to provide any legal, accounting, tax or other advice with regard to the Business
<br />Account's provision of compensation, benefits or services to employees or others (e.g. including but
<br />not limited to transportation fringe benefits) and any reporting, withholding or other obligations
<br />related thereto
<br />19.0 LEGAL RELATIONS
<br />19.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and
<br />the ORCA Agencies are independent parties and nothing in this Agreement shall be
<br />construed as creating any joint venture, partnership, agency or employment relationship
<br />between and among them or their respective employees. Without limiting the foregoing, the
<br />Business Account understands and agrees that none of its employees or agents shall be
<br />deemed employees or agent, for any purpose, of any of the ORCA Agencies and the
<br />Business Account is solely responsible for the acts of its agents and employees and their
<br />compensation, wages, withholdings and benefits.
<br />19.2 Limitation on Liability.
<br />a. The Lead Agency and each ORCA Agency shall not be liable for, and the Business
<br />Account holds each harmless from, any loss or damage arising out of or resulting from
<br />(1) any reliance placed by the Business Account on the completeness, accuracy or
<br />existence of any information provided under this agreement,
<br />(2) any changes which an ORCA Agency may make to the ORCA Services, or for any
<br />permanent or temporary cessation in the provision of the services (or any features
<br />within the services),
<br />Passport Customer Agreement
<br />City of Tukwila 1592
<br />October 1, 2010 September 30, 2011
<br />Page 9 of 17
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