Common use of Compliance with Applicable Policies Clause in Contracts

Compliance with Applicable Policies. (a) During the term of this Agreement, neither the Advisor nor any of its subsidiaries, employees or agents shall unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. The Advisor and its subsidiaries, employees and agents shall assure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. In connection with Cabot's activities, the Advisor and its subsidiaries, employees and agents shall comply with the provisions of the California Fair Employment and Housing Act (Section 12900 et seq. of the California Government Code) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Division 4, Chapter 1, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by this reference and are made a part hereof as if set forth herein in full. In connection with Cabot's activities, the Advisor and its subsidiaries, employees and agents shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Advisor shall include the foregoing nondiscrimination compliance provisions in all written contracts to perform work or provide services under or pursuant to this Agreement. During the term of this Agreement, the Advisor, its subsidiaries, employees and agents shall conduct their respective activities in connection with Cabot's activities in accordance with Title VI of the Civil Rights Act of 1964 and the rules and regulations promulgated thereunder. (b) The Advisor hereby certifies, and shall at Cabot's request certify annually, that no more than one, final, unappealable finding of contempt of court by a federal court has been issued against it within any preceding two (2)-year period because of the Advisor's failure to comply with an order of a federal court which orders the Advisor to comply with an order of the National Labor Relations Board. Such certification shall be given under penalty of perjury. (c) The Advisor hereby certifies, and shall at Cabot's request certify annually, that the Advisor has, unless exempted, complied with the nondiscrimination program requirements of Section 12990 of the California Government Code and all regulations promulgated thereunder. Such certification shall be given under penalty of perjury. (d) Advisor acknowledges its obligation to comply with the applicable provision of California Government Code Section 20152.5, as amended from time to time.

Compliance with Applicable Policies. (a) During the term of this Agreement, neither the Advisor Manager nor any of its subsidiaries, employees or agents shall unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. The Advisor Manager and its subsidiaries, employees and agents shall assure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. In connection with Cabot's Company activities, the Advisor Manager and its subsidiaries, employees and agents shall comply with the provisions of the California Fair Employment and Housing Act (Section 12900 et seqET SEQ. of the California Government Code) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Division 4, Chapter 1, Section 7285.0 et seqET SEQ.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by this reference and are made a part hereof as if set forth herein in full. In connection with Cabot's Company activities, the Advisor Manager and its subsidiaries, employees and agents shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Advisor Manager shall include the foregoing nondiscrimination compliance provisions in all written contracts to perform work or provide services under or pursuant to this Agreement. During the term of this Agreement, the AdvisorManager, its subsidiaries, employees and agents shall conduct their respective activities in connection with Cabot's Company activities in accordance with Title VI of the Civil Rights Act of 1964 and the rules and regulations promulgated thereunder. (b) The Advisor Manager hereby certifies, and shall at Cabot's CalPERS' request certify annually, that no more than one, final, unappealable finding of contempt of court by a federal court has been issued against it within any preceding two (2)-year two-year period because of the AdvisorManager's failure to comply with an order of a federal court which orders the Advisor Manager to comply with an order of the National Labor Relations Board. Such certification shall be given under penalty of perjury. (c) The Advisor Manager hereby certifies, and shall at Cabot's CalPERS' request certify annually, that the Advisor Manager has, unless exempted, complied with the nondiscrimination program requirements of Section 12990 of the California Government Code and all regulations promulgated thereunder. Such certification shall be given under penalty of perjury. (d) Advisor acknowledges its obligation to comply with the applicable provision of California Government Code Section 20152.5, as amended from time to time.