VI EQUAL OPPORTUNITY During the performance of this Agreement (unless such Agreement is exempt under the rules and regulations of the Secretary of Labor), Utility agrees as follows: A. Utility will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Utility will take affirmative action to ensure that applicants are employed, and that employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Utility agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Authority setting forth provisions of this non-discrimination clause. B. Utility will, in all solicitations or advertisements for employees placed by or on behalf of Utility, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. Utility will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Authority, advising the labor union or workers i representatives of Utility's commitments under Section 202 of Executive Order 11246 of September 24, 1955, and shall post copies of the notice in conspicuous places availabl to employees and applicants for employment. D. Utility will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E. Utility will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by Authority and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of Utility's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and Utility may be declared ineligible for further Authority contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Utility will include the provisions of paragraphs A. through F. in every subcontract or purchase order unless exempted by Rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provisions will be binding upon each such subcontractor or vendor. Utility will take such action with respect to any subcontract or purchase order as Authority may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Utility becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by Authority, Utility may request Authority to enter into such litigation to protect the interests of the Authority. VII The jurisdictions of the Perulatory Commissions as to all matters arising under this Agreement shall be the same as the Jurisdiction of the Regulatory Commissions as to all matters affecting Utility and its customers generally. All matters arising under this Agreement other than matters which are initially within the jurisdiction of any Regulatory Commission, as stated above, may be placed before any court of competent jurisdiction for adjudication excent that the Authority has the right of removal there from to an appropriate United States District Court pursuant to Section 81, Public Law 774, 80 (Stat.) 1324. No other jurisdiction as to facts or law is intended by Authority or Utility. VIII FORCE MAJEURE Utility shall not be liable for failure to perform or for delay in performance due to fire, flood, unusual or severe weather, strike or other labor difficulty, act or failure to act of any governmental authority or of Authority or its subcontractors or suppliers, riot, embargo, car shortare, wrecks or delay in transportation, inability to obtain necessary titles, easements, nermits, rights of way, labor, materials or manufacturing facilities from usual sources, lack of capacity or lack of energy, or due to any other cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be nostponed by such length of time as may be reasonably necessary to compensate for the delay. TERM OF AGREEMENT This Agreement may be modified or amended at any time by mutual agreement of Utility and Authority. The term of this Agreement is thirty (30) years cancellable thereafter by either Utility or Authority upon one (1) year's written notice. Neither this provision nor any other provision of this Agreement, however, shall operate to prevent Utility from filing any anending, new or superseding Rate Schedule, General Terms and Conditions, or Electric Service Rules and Regulations, governing any rates or terms of service for electricity sold by Utility to Authority, with any Regulatory Commission for the purpose of causing such amending, new, or superseding provisions to become effective according to the rules and regulations of the Regulatory Commissions, in like manner as Utility's standard practice as to its customers generally. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. I. II. APPENDIX C TECHNICAL PROVISIONS Each traction power substation shall be supplied from a single PEPCO substation by two (2) feeder circuits with no other customers connected to the circuits. Each circuit shall be capable of carrying the entire load at each traction power substation. The circuits shall be separated at the PEPCO substation by a minimum of two (2) station bus tie circuit breakers where possible. Unless otherwise mutually agreed adjacent traction power substations shall not be supplied from the same PEPCO substation. The provisions of meters, delivery points, voltages, loads and The maximum calculated short circuit duty at th ́ traction power III. Passenger stations, yards, shops shall be fed from PEPCO's nearest available commercial feeder in accordance with Appendix D, except as otherwise mutually agreed. IV. The various classes of service that may be provided to permanent METRO facilities will have characteristics as follows, unless otherwise mutually agreed. |