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a minimum of delay. Nothing contained in this Section shall require such party to submit to what it reasonably considers to be unreasonable conditions or restrictions. ARTICLE 11 Subcontractors and Agents 11.1 Subcontractors and Agents The Company agrees to preserve and protect the rights of the Parties under this Agreement with respect to any of the Services to be performed under subcontract or by an agent and when entering into contracts or written agreements with subcontractors or agents to require them to perform part of the Services in accordance with and subject to the terms and conditions of this Agreement. The Company shall be fully responsible to Fargo/Cass/W est Fargo for the acts and omissions of subcontractors and agents and of persons directly employed or subcontracted by them in the same manner in that the Company is responsible under this Agreement for acts and omissions of persons directly employed by the Company. The Company, therefore, agrees that it shall incorporate the terms and conditions of this Agreement into all subcontract agreements entered into with subcontractors and agents. ARTICLE 12 Training 12.1 Hazardous Materials Training The Parties acknowledge and agree that the Company is required to provide two fulltime coordinators/technicians providing emergency response services to Fargo/Cass/West Fargo at all times for the territory and that such individuals must have appropriate training as prescribed by OSHAJEP A. The Company shall pay all reasonable costs and expenses of sending such individuals for such training, including the costs of transportation, accommodations, meals, tuition and supplies and Fargo/Cass/West Fargo's contribution towards such training as mutually agreed to prior to training taking place. ARTICLE 13 Nondiscrimination 13,1 Nondiscrimination The Company shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The Company shall take affirmative action to ensure that applicants are considered and employees are treated during their employment without regard to their race, color, religion, sex, age, or national origin. Such actions shall include, but not be limited to, the following: hiring, promotion or employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or terminations rate of pay and other forms of compensation, selection oftraining or apprenticeship, and placing in conspicuous places (available to employees and applicants for employment) notices setting forth the provisions of this nondiscrimination clause. - 15 - C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc