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Master Contract No.900973%Procurement Contract No.7485 <br /> e. All SLEB participation, except for SLEB prime contractor, must be tracked <br /> and monitored utilizing the Elation compliance System. <br /> County will be under no obligation to pay contractor for the percent committed to <br /> a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed <br /> by the listed small and/or emerging local business. <br /> For further information regarding the Small Local Emerging Business <br /> participation requirements and utilization of the Alameda County Contract <br /> Compliance System contact the County Auditor- Controller's Office of Contract <br /> Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: <br /> (510) 891-5500, Fax: (510)272-6502 or via E-mail at <br /> ACSLEBcompliance@aceov.org. <br /> 22. FIRST SOURCE PROGRAM: For contracts over$100,000, Contractor shall <br /> provide County ten (10) working days to refer to Contractor, potential candidates <br /> to be considered by Contractor to fill any new or vacant positions that are <br /> necessary to fulfill their contractual obligations to the County that Contractor has <br /> available during the contract term before advertising to the general public. <br /> 23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of <br /> California. <br /> 24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy <br /> contained in or granted by the provisions of this Agreement shall be effective <br /> unless it is in writing and signed by the party waiving the breach,failure, right or <br /> remedy. No waiver of any breach, failure, right or remedy shall be deemed a <br /> waiver of any other breach, failure, right or remedy, whether or not similar, nor <br /> shall any waiver constitute a continuing waiver unless the writing so specifies. <br /> 25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, <br /> and any other documents specifically incorporated into this Agreement, shall <br /> constitute the entire agreement between County and Contractor relating to the <br /> subject matter of this Agreement. As used herein, Agreement refers to and <br /> includes any documents incorporated herein by reference and any exhibits or <br /> attachments. This Agreement supersedes and merges all previous understandings, <br /> and all other agreements, written or oral, between the parties and sets forth the <br /> entire understanding of the parties regarding the subject matter thereof. The <br /> Agreement may not be modified except by a written document signed by both <br /> parties. <br /> 26. HEADINGS herein are for convenience of reference only and shall in no way <br /> affect interpretation of the Agreement. <br /> Page 12 of 15 <br />