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the City's prior written consen t shall be considered null and void. Nothing in this Agreement shall <br />be construed to limit the City's ability to have any of the services which are the subject to this <br />Agreement performed by City personnel or by other consultants retained by City. <br />16. 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 signed by <br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach; failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />1.7, TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of <br />termination.. In such event, Consultant shall be entitled to receive and the City shall pay Consultant <br />compensation for all services performed by Consultant prior to receipt of such notice of <br />termination, subject to the following conditions: <br />I <br />. As a condition of such payment, the Executive Director may require Consultant to <br />deliver to the City all work. product completed as of such date, and in such cast: <br />such work product shall be the property ofthe City runless prohibited bylaw, and <br />Consultant consents to the City's use thereof for such purposes as the City deems <br />appropriate. <br />b. Payment need not be nnade for work which fails to meet the standard of <br />performance specified in the Recitals of this Agreement. <br />I& 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 prohibited. <br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities or in connection with any activities under this Agreement, <br />Consultant affirms that it is an equal opportunity employer and shall comply with all applicable <br />federal, state and local laws and regulations. <br />19, JURISDICTfON-VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement ofarty of the clauses of this Agreement shall. be <br />determined and governed by the laws of the State of California. Both parties further agree that <br />Orangc County, California, shalt be the venue forany action or proceeding that maybe brought or <br />arise out of, in connection with or by reason of this Agreement. <br />Page 7 of 8 <br />