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~ , t: ~ 7.3 Discrimination. The Parties will not discriminate against ~ any employee or applicant for , employment because of race, color, religion, age, sex, marital status, handicap or national origin, respect to the performance of their respective obligations under this Agreement. ~ 1~ 7.4 Notice. A notice or communicadon under this Agreement by one party to one or the other ~ parties is deemed received by the addressee on the eazlier of (i) the actual date of receipt or (u) three d~ay~s after mailing, if mailed by registered or certified mail, postage prepaid, return receipf requested, , - (i) in the case of a notice or communication to the County, addressed as follows: Marion County Atm: Courthouse Square Project 100 High Street Salem, OR 97301 Fax No. :503-588-5495 Salem Area Transit District Att: Courthouse Square Project Salem Area Mass Tr~nsit 3140 Del Webb Ave NE Salem, OR 97303 Fax No. 503-588-0209 (ri) In the case of a notice or communication to the Transit District, addressed as follows: ~ ~ (; t.__: With a copy to:Michael Hansen Marion County Legal Counsel 530 Center ST NE Suite 312 Salem, OR 97301 Fax No. 503-373-4367 With a copy to: Ben C. Fettierston, Jr. Legal Counsel PO Boa 2206 880 Liberty St NE Salem, OR 97308 Faz No. 503-585-3978 or addressed in such other way in respect to a party as that party may, from time to time, designate in writing dispatched as provided in this section. (ui) In lieu of mailing, a communication is deemed received by a party on the date it was transmitted by facsimile to that pariy at the numbers set out above, if the transmitting pazty has a written confirmation of the successful transmittal. ~ 7.5 Public Contracting Matters. (i)This Agreement contemplates contracts for construction of public improvements which shall be subject to public bidding pursuant to ORS Chapter 279. (ri) FTA Reqnirements. This Agreement shall be subject to the requirements of the FTA Contract Clauses attached hereto and incorporated by reference herein, which shall be incorporated into each contiact and agreement entered into by the Parties with respect to the Projec~ The Parties acknowledge that the Transit District shall not be obligated to execute . any contract or agreement without the approval of the FTA. ! 7.6 Headings. Any tities of the section of this Agreement are inserted for convenience of _; reference only and shall be disregarded in constiuing or interpreting any of its provisions. . 7.7 Counterparts. This Agreement is executed in three (3) counterparts, each of which shall be I deemed to be an original, and such counterparts shall constitute one and the same instrument. 1_ ~ ~ 7.8 Waivers. Except as otherwise provided in this Agreement, no waiver made by a party with + respect to the performance, or manner or time thereof, of any obligation of another party or any f condition inuring to its benefit under this Agreement shall be considered a waiver of any other rights l._; j Courthouse Square ~ ~ Development Agreement Page - 16