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<br />(18) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply <br />with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel <br />Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, <br />which executive order is incorporated herein by reference and is made a part of this <br />Agreement. This Executive Order promulgates a Code of Fair Practices for the <br />Executive Branch of Missouri Government and prohibits discrimination against <br />recipients of services, and employees or applicants or employment of state <br />contractors and subcontractors, on the grounds of race, color, religion, national <br />origin, sex, age, disability, or veteran status. The City shall also comply with all state <br />and federal statutes applicable to City relating to nondiscrimination, including, but <br />not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of <br />1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any <br />provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). <br /> <br />(19) VENUE: It is agreed by the parties that any action at law, suit in <br />equity, or other judicial proceeding to enforce or construe this Agreement, or <br />regarding its alleged breach, shall be instituted only in the Circuit Court of Cole <br />County, Missouri. <br /> <br />(20) SECTION HEADINGS: All section headings contained in this <br />Agreement are for the convenience of reference only and are not intended to define <br />or limit the scope of any provision of this Agreement. <br /> <br />(21 ) SOLE BENEFICIARY: This Agreement is made for the sole benefit of <br />the parties hereto and nothing in this Agreement shall be construed to give any <br />rights or benefits to anyone other than the Commission and the City. <br /> <br />(22) NO INTEREST: By erecting ornamental lighting, and constructing the <br />paved shoulder and sidewalk streetscape features on Commission right of way, the <br />City gains no interest in Commission right-of-way whatsoever. The Commission <br />shall not be obligated to keep the constructed improvements in place if the <br />Commission, in its sole discretion, determines removal or modification of the <br />improvements is in the best interests of the state highway system. In the event the <br />Commission decides to remove the improvements, the City shall not be entitled to a <br />refund of the funds expended by the City pursuant to this Agreement. <br /> <br />-4- <br />