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inforination, or military and. veteran status, age, natlonsl origi ancestry, at disability; as defined' <br />and prohibited by applicable law, in the recruitmient, selection, teaching, training,utilization, <br />proruotion termination or other employment related activities or any services;provided under this' <br />Agreement, Auditor affirms. That it is an equal opportunity employer and. shall comply with all <br />applicable federal;'state and local- laws and regulations. <br />12: EXCLU$I VIT:Y AN AMENDMENT <br />This Agreement represents the complete and exclusive statemcot between the, City and <br />Auditor amd supersedes anyand all otfiez agreetnerits, oral ox written, between the>parties. In the <br />event of a conflict between the terms°of this Agreement.and. auy,attaoliments hereto, the -terms of <br />this Agreement shall prevail: This Agreomentmay not be.modihed except by written inatrutnent <br />signed by the Cityend by ati aathorize3:repraSoWtive ofAuditor.. The parties agree that any: Perms <br />or conditions of any purchase otder or other instrument: that are inconsistent withy or imaddition <br />to, the tocros and conditions: hereof; shall not hind or obligate Auditor or the 1:Y, Each: party to <br />this ,Agreement acknowledges that no representations, inducements,. promises or agreements,:. <br />orally or otherwise, have.beenmade:byany:party„or-anyone acting on behalf.of.any party, which <br />is notonibodied heroin. <br />1$., ASSIGNMENT* <br />fnasmach as: this A,groom ot: is intemded to secure' the specialized: services of A:uditor,. <br />Auditor may not assign; tr4a*ri delegate, or subcontraet any interest herein Without: tho prior.: <br />written consent of the City and any such assignment, transfer; delegation or subcontract without; <br />theCity's prior written consent shall be: considereci:null ard:void. NzStliing in this RgYestdeiit: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 Cliy personnel:or byother consultants retuincd by City. <br />1C TERMINATION <br />It at any time during the term of'this . Agreemment, City determines that.Auaitor is not <br />faithfully abiding by any term or condition contained heroin,. City may notify .Auditor in writing. <br />of suckdefect or fk lure to,perform, Which notice• must give Auditor a fin tl'tft-daynotice of tinic. <br />thereafter in which to perfd t said work or cure the defieiency. If Auditor has -,not petfotined'the- <br />work or cured the deficiency within: the ten (W). days.,specified WA a notiop, such shallsconstitute <br />to the: Auditor :to;said effect' Thereafter, neither.party shall <br />os. ponsibilsties ar rights. under this. Agreement exeept„ h <br />Auditor's surety shall tcmakin fall fdree and.c#dct, acid she <br />any manner waived; by the -termination hereof In said:ev.: <br />reasonable value of its. services performed from the beginni <br />occurs up.: to. the day it received City's Notice of term ratio <br />representing the City's damages froth such breach. City r <br />pavruentuntil completion or confirmed 'abandonment of the <br />shall <br />#2796$v2. <br />any and fill obligations of <br />s.:extinguished,redueed,orin <br />litor shall be :entitled to. the <br />e period in which the breach <br />nyy offset from such. payment. <br />tlte'right to delay any such <br />as, may be determined in. the <br />frosts. to no event, however, <br />Page,:6 of 9 <br />25B-9 <br />