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08/25/2005 09:12 FAX 327 2476 i Guaranteed Returns CDC ADDITIONAL PROVISIONS 5. Hirina Considerations HLTH CARE SERVICES 4 029 Contract Number ICM04358 Exhibit E If this Agreement is in exce6s of $200,000, the contractor shall be required to give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Ins0tutions Code Section 11200 et seq. 6. Indemnification The contractor shall hold the State, its officers, agents, and employees harmless and indemnify and defend the State for any claims for damages arising out of occurrences, accidents, or misuse by the!contractor or its purchasers resulting from waste collected from the State and the contractor recycling the waste for production of by-products for third -party use. If this is an ambulance service Agreement, it is understood that the city/county may regulate some or all of the contractors rates for services. In the event the city/county increases the rates that directly affect the i services provided in this Agreement, the contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The contraICtor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates. i 7. Four -Digit Date Compliance f Contractor warrants that it will provide only Four -Digit Date Compliant (as defined below) deliverables and/or servicet to the State. "Four Digit Date Compliant" deliverables and services can accurately prdcess, calculate, compare, and sequence date data, including without limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation is subject to the warranty terms and conditions of this Agreement and does not limit the generality of warranty obligations set forth elsewhere herein. 8. Subcontractors For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are gxempt from bidding, nothing contained in this Agreement, or otherwise, shall create any Fontractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor lagrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and! omissions of persons directly employed by the Contractor. The Contractor's obligation to pal, its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 9. Employment of Ex -Offenders (Supersedes provision number 14, Employment of Ex - Offenders, of Exhibit D_ i The contractor cannot be and will not either directly or on a subcontract basis, employ in connection with this Agreem4nt: --