|
DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431
<br />15.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular
<br />mail to the Parties' Designated Representatives, as specified in Attachment 2, or to the last person and address
<br />provided by a Party in accordance with Section 15.2.
<br />15.2 Each Party shall immediately notify the other Parties of any changes to its Designated Representatives'
<br />contact information. The Business Account shall also immediately notify the Lead Agency of any changes in any other
<br />information provided in its application.
<br />16.0 FORCE MAJEURE
<br />The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent they are
<br />rendered unable to perform, or comply with such obligations as a direct or indirect result of a force majeure event, or
<br />any other circumstance not within such party's control, including, but not limited to, acts of nature, acts of civil or
<br />military authorities, terrorism, fire or water damage, accidents, labor disputes or actions, shutdowns for purpose of
<br />emergency repairs, or industrial, civil or public disturbances.
<br />17.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
<br />The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and its
<br />Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal, state and local
<br />law, regulations, ordinances, codes and policies, including but not limited to the ORCA Terms of Use and Privacy
<br />Statement (posted on the ORCA websites and available in printed form upon request to the Lead Agency), and the
<br />Agencies' respective fares, transfer rules, codes of conduct and other operating policies and procedures.
<br />18.0 PROHIBITED DISCRIMINATION
<br />The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
<br />sexual orientation, age, or presence of any sensory, mental, or physical handicap in the administration of its
<br />transportation benefits program, the provision of ORCA Business Cards and ORCA Products, or the performance of
<br />any acts under this Agreement. The Business Account shall comply fully with all applicable federal, state and local
<br />laws, ordinances, executive orders and regulations which prohibit such discrimination.
<br />19.0 COMPLIANCE WITH APPLICABLE LAW
<br />The Business Account shall be solely responsible for compliance with all applicable federal, state and local laws,
<br />regulations, resolutions and ordinances, including, but not limited to, any provisions relating to the Business Account's
<br />provision of compensation, benefits or services to employees or others (e,g, including, but not limited to, transportation
<br />fringe benefits) and any reporting, tax withholding, or other obligations related thereto. The Business Account expressly
<br />acknowledges and agrees that it has not relied on any representations or statements by the Agencies and will not rely
<br />on them to provide any legal, accounting, tax or other advice with regard to the Business Account's provision of
<br />compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe
<br />benefits) and any reporting, withholding or other obligations related thereto.
<br />20.0 LEGAL RELATIONS
<br />20.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the Agencies
<br />are independent parties and nothing in this Agreement shall be construed as creating any joint venture, partnership,
<br />agency or employment relationship between and among them or their respective employees. Without limiting the
<br />foregoing, the Business Account understands and agrees that none of its employees or agents shall be deemed
<br />employees or agent, for any purpose, of any of the Agencies and the Business Account is solely responsible for the
<br />acts of its agents and employees and their compensation, wages, withholdings and benefits.
<br />20.2 LIMITATION ON LIABILITY
<br />ORCA Passport Agreement
<br />City of Tukwila - BAID:
<br />January 1, 2020 - December 31, 2020
<br />Page 9 of 23
<br />If
<br />
|