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7 <br />Ell <br />9. <br />10. <br />11. <br />sources; (b) is, through no fault of the Consultant disclosed in a publicly available <br />source; (c) is in rightful possession of the Consultant without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is <br />independently developed by the Consultant without reference to information disclosed <br />by the City. <br />WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and <br />signed by theparty waiving the breach, failure, right or remedy. No waiver of anybreach, <br />failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or <br />remedy, whether or not similar, nor shall any waiver constitute a continuing waiver <br />unless the writing so specifies. <br />PROFESSIONAL LICENSES <br />Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services <br />hereunder and required by the laws and regulations of the United States, the State of <br />California, the City of Santa Ana and all other governmental agencies. Consultant shall <br />notify the City immediately and in writing of its inability to obtain or maintain such <br />permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for <br />termination ofthis Agreement. <br />NON-DISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and <br />prohibited by applicable law, in the recruitment, selection, training, utilization, <br />promotion, termination or other employment related activities or in connection with any <br />activities under this Agreement, Consultant affirms that it is an equal opporti pity <br />employer and shall comply with all applicable federal, state and local laws and <br />regulations. <br />CONFLICT OFINTEREST CLAUSE <br />Consultant covenants that it presently has no interest and shall not have interests, direct <br />or indirect, which would conflict in anymanner with performance of services. <br />INSURANCE <br />Prior to undertaking performance of work <br />maintain and shall require its subcontractors, <br />as described below: <br />Page 3 of 10 <br />under this Agreement, Consultant shall <br />if any, to obtain and maintain insurance <br />