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b. Payment need not be made for work that fails to meet the standard of performance spec-
<br />ified in the Recitals of this Agreement.
<br />13. NONDISCRIMINATION
<br />DSC shall not discriminate because of race, color, creed, religion, sex, marital status, sexual ori-
<br />entation, 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 activi-
<br />ties or in connection with any activities under this Agreement. DSC affirms that it is an equal opportunity
<br />employer and shall comply with all applicable federal, state and local laws and regulations.
<br />14. JURISDICTION — VENUE
<br />This Agreement has been executed and delivered in the State of California and the validity, in-
<br />terpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
<br />and governed by the laws of the State of California. Both parties further agree that Orange County,
<br />California, shall be the venue for any action or proceeding that may be brought or arise out of, in con-
<br />nection with or by reason of this Agreement.
<br />15. WAIVER
<br />No waiver of a breach, failure of any condition, or any right or remedy contained in or granted
<br />by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
<br />waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be
<br />deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any
<br />waiver constitute a continuing waiver unless the writing so specifies.
<br />16. PROFESSIONAL LICENSES
<br />DSC shall, throughout the term of this Agreement, maintain all necessary licenses, permits, ap-
<br />provals, waivers, and exemptions necessary for the provision of the services hereunder and required by
<br />the laws and regulations of the United States, the State of California., the City of Santa Ana and all other
<br />governmental agencies. DSC shall notify the City immediately and in writing of its inability to obtain or
<br />maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
<br />termination of this Agreement.
<br />17. MISCELLANEOUS PROVISIONS
<br />a. Each undersigned represents and warrants that its signature below has the power, author-
<br />ity and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify
<br />City fully, including reasonable costs and attorneys fees, for any injuries or damages to City in the event
<br />that such authority or power is not, in fact, held by the signatory or is withdrawn.
<br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
<br />forth in the body of this Agreement.
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