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7. CONFIDENTIALLTY <br /> <br /> Contractor agrees. that all medical records of individual employees or prospective <br /> employees of ~ity shall be treated in confidence and in accordance with federal, <br /> state and local regulations on release of medical information and shall not be <br /> disclosed, published or made available by Contractor to any third parties other <br /> than the individual involved and/or such individual's personal physician following <br /> authorization by such individual. Notwithstanding the foregoing, should Contractor <br /> uncover a condition which it is required by law to report to public health <br /> authorities, or a Workers' Compensation presumptive ailment then Contractor shall <br /> be entitled to disclose such portions of the aforesaid medical records as shall be <br /> necessary to complete such reports. <br /> <br />8. FORCE HAjEURE <br /> <br /> Any delays in or failure of performance by either party under this Contract shall <br /> not be considered a breach if and to the extent caused by occurences beyond the <br /> reasonable control of the party affected. <br /> <br />9. GENERAL <br /> <br /> A. Termination of this Contract or expiration of the terms hereof shall not affect <br /> any liability of the parties existing as of the date of such termination nor <br /> shall Contractor be relieved of any of the obligations imposed upon it by the <br /> provisions of paragraphs 5A, 5B, and 6 hereof, provided that such obligations <br /> are due to or claimed to be due as a result of acts or omission of acts of the <br /> Contractor, its employees or agents under this Agreement. <br /> <br /> B. This Contract is not assignable in whole or in part nor can performance be <br /> delegated by either party without the prior written consent of the other party. <br /> <br /> C. Either party's waiver of any breach, or failure to enforce any of the terms <br /> and conditions of this contract, at any time, shall not in any way effect,' <br /> limit or waive either party's right thereafter to enforce and compel strict <br /> compliance with every term and condition hereof. <br /> <br /> D. This Contract together with the Proposal (Exhibit B) which is incorporated in <br /> this contract constitutes the entire agreement between the parties and there are <br /> not understandings, representations or warranties of any kind, express or <br /> implied, not expressly set forth herein. No modifications of this contract <br /> shall be of any force or effect unless such modification is in writing and <br /> signed by the party to be bound thereby. <br /> <br /> E. This Agreement in governed by the laws of the State of California. <br /> <br /> CITY OF PLEASANTON CONTRACTOR <br /> <br />By: By: <br />Date: Date: <br /> <br /> <br />