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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 />S. 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 ofthis Agreement. <br />9. NON-DISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital <br />status, sexual orientation, gender identity, gender expression, gender, medical <br />conditions, genetic information, or military and veteran status, age, national origin, <br />ancestry, or disability, as defined and prohibited by applicable law or in connection with <br />any 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 OF INTEREST 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 undertaking 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 />1) Commercial General Liability f"CGL" Insurance- Insurance Services Officer <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury, personal and advertising <br />injury with limits no less than $1,000,000 per occurrence. If a general aggregate <br />limit applies, either general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be <br />twice the required occurrence limit. <br />Page 3 of 13 <br />