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b. Change Order <br />No extra work or services as set forth in subsection (a) above may be undertaken unless a written <br />"Change Order" is first given by the Contract Officer to the Consultant, incorporating therein in the <br />contract and/or the time to perform this second Agreement, which said adjustments are subject to the <br />written approval of the Consultant. <br />16. TERNIINATION <br />This second 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 termination, <br />subject to the following conditions: <br />a. As a condition of such payment, the Executive Director may require Consultant to deliver <br />to the City all work product completed as of such date, and in such case such work product <br />shall be the property of the City unless prohibited by law, and Consultant consents to the <br />City's use thereof for such purposes as the City deems appropriate. <br />b. Payment need not be made for work that fails to meet the standard of performance specified <br />in the Recitals of this second Agreement. <br />17. NONDISCRINIINATION <br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br />recruitment, selection, training, utilization, promotion, termination or other employment related activities <br />or in connection with any activities under this second Agreement. Consultant affirms that it is an equal <br />opportunity employer and shall comply with all applicable federal, state and local laws and regulations. <br />18. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this second Agreement shall be <br />determined and governed by the laws of the State of California. Both Parties further agree that Orange <br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in <br />connection with or by reason of this second Agreement. <br />19. PROFESSIONAL LICENSES <br />Consultant shall, throughout the term of this second Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and <br />required by the laws and regulations of the United States, the State of California, the City of Santa Ana <br />and all other governmental agencies. Consultant shall notify the City immediately and in writing of its <br />inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability <br />shall be cause for termination of this second Agreement. <br />25F-9 <br />