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7. 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 the party waiving the breach, failure, right or remedy. No waiver of any breach, <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 />8. PROFESSIONAL LICENSES <br />Consultant shall, throughout the term of this 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 of this Agreement. <br />9. 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 opportunity <br />employer and shall comply with all applicable federal, state and local laws and <br />regulations. <br />10. 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 any manner with performance of services. <br />11. INSURANCE <br />Prior to undertaldng performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance <br />as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Consultant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The <br />Page 3 of 10 <br />20D-24 <br />