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Unless exempted by Presidential Executive Order #11246, as may be amended or superseded, and applicable regulations thereunder, Contractor will not discriminate against any employee or applicant for employment 7. MINORITY AND WOMEN'S BUSINESS ENTERPRISES ("MWBE") MWBE requirements are incorporated into this contract 8. RIGHTS AND REMEDIES In the event of any claim for default or breach of contract, no provisions in this contract will be construed, expressly or by implication, as a waiver by Department of any existing or future right or remedy available by law. Failure of Department to insist upon the strict performance of any contract term or condition or to exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, will not release Contractor from any responsibilities or obligations imposed by this contract or by law, and is not a waiver of any right of Department to insist upon the strict contract performance. Acceptance by Department of unsatisfactory performance with or without objection or reservation will not waive the right to claim damage for breach nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor. 9. DISPUTE RESOLUTION This contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this contract must be brought in the District Court of Burleigh County, North Dakota. 10. INDEMNITY A. Contractor agrees to indemnify, defend, and hold State harmless, including its agencies, officers, and employees, from claims resulting from the performance of Contractor or its agents, including all costs, expenses and attorneys' fees, which may in any manner result from or arise out of this contract The legal defense provided by Contractor to State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for State is necessary Contractor also agrees to defend, indemnify, and hold State harmless for all costs, expenses, and attorneys' fees incurred in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement B. Upon receipt of Waste at the collection sites, Contractor assumes full accountability and physical custody as generator of the Waste. State, its 4