Common use of Obligation to Refrain from Discrimination Clause in Contracts

Obligation to Refrain from Discrimination. The Operating Company covenants and agrees that it shall not discriminate and it shall require all its subcontractors of any tier not to discriminate against any person, or group of persons, on account of age, sex, marital status, race, creed, color, national origin, religion or the presence of any sensory, mental or physical handicap in the permitting, design, acquisition, construction, maintenance, operation or management of the Project, nor shall the Operating Company establish or permit any such practice or practices of discrimination or segregation with reference to the selection, use, hiring, firing, promotion or termination of employees, contractors, subcontractors and vendors or with reference to the use, occupancy or enjoyment of or access to or toll rates charged for use of the Project; provided, that the prohibition against discrimination on the basis of sensory, mental or physical handicap shall not apply if the particular disability prevents the proper performance of the particular person involved.

Obligation to Refrain from Discrimination. The Operating Company Concessionaire covenants and agrees that it shall not discriminate and it shall require all its subcontractors of any tier contractors not to discriminate against any person, or group of persons, on account of age, sex, marital status, race, creed, color, national origin, religion or the presence of any sensory, mental or physical handicap in the permitting, design, acquisitionacquisition and construction of the Project, construction, or the maintenance, operation or management of the ProjectHOT Lanes, nor shall the Operating Company Concessionaire establish or permit any such practice or practices of discrimination or segregation with reference to the selection, use, hiring, firing, promotion or termination of employees, contractors, subcontractors and vendors or with reference to the use, occupancy or enjoyment of or access to or toll rates charged for use of the ProjectProject or the HOT Lanes, as the case may be; provided, that the prohibition against discrimination on the basis of sensory, mental or physical handicap shall not apply if the particular disability prevents the proper performance of the particular person involved.