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B. It is understood by the parties that WERC and City are self-insured. WERC will provide <br />evidence of self-insurance in the form of a letter in a form acceptable to the City prior to <br />any work being performed under this MOU. <br />ARTICLE X. MISCELLANEOUS PROVISIONS <br />A. This Agreement in no way restricts WERC from participating in similar activities or <br />arrangements with other public and private agencies, organizations, or individuals. <br />B. Liens. WERC will not permit any mechanics' or materialmens' or other liens to stand <br />against the Facilities by reason of any use or occupancy by WERC, or any person <br />claiming under USGS. <br />C. Non -Discrimination. WERC shall not discriminate because of race, color, creed, religion, <br />sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as <br />defined and prohibited by applicable law, in the recruitment, selection, training, <br />utilization, promotion, termination or other employment related activities, or participation <br />in programs. WERC affirms that it is an equal opportunity employer and shall comply <br />with all applicable federal, state and local laws and regulations. <br />D. Governing Law. This Agreement shall be construed and interpreted in accordance with <br />and shall be governed and enforced in all respects according to the laws of the State of <br />California, without regard to conflicts of laws principles. Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be <br />brought or arise out of, in connection with or by reason of this Agreement. <br />E. Severability. If any one or more of the provisions contained in this Agreement shall for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provision hereof, and this <br />Agreement shall be construed as if such invalid, illegal, or unenforceable tern or <br />provision had never been contained herein. <br />F. WERC's Equipment and Personal Property. WERC shall hold title only to WERC's <br />equipment and personal property. All of WERC's equipment and personal property shall <br />remain the property of WERC and are not fixtures. WERC has the right to remove all of <br />its equipment or personal property at its sole cost and expense on or before the expiration <br />or termination of this Agreement; provided that such removal shall be done in a <br />professional and careful manner, without interference or damage to any other equipment, <br />structures or operations on the Zoo Premises, including the use of the Zoo Premises by <br />City or any of City's, assignees, licensees or lessees. <br />Page 7 of 8 <br />25E-9 <br />