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20. 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 signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
<br />21. TERMINATION
<br />a. City reserves the right to terminate this Agreement upon thirty (30) calendar days
<br />written notice to Consultant with the reasons for termination stated in the notice.
<br />Upon termination, City shall be entitled to all work including but not limited to,
<br />reports, investigations, appraisals, inventories, studies, analyses, drawings and data
<br />estimates performed to that date, whether completed or not.
<br />b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved
<br />of liability to City for damages sustained by the City by virtue of any breach of this
<br />Agreement by Consultant, and City may withhold any payments due to Consultant
<br />until such time as the exact amount of damages, if any, due City from Consultant
<br />is determined.
<br />22. 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 Agreement shall be
<br />determined and governed by the laws of the State of California. Both parties further agree that
<br />Orange County, California, shall be the venue for any action or proceeding that may be brought or
<br />arise out of, in connection with or by reason of this Agreement.
<br />23. 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 hereunder
<br />and required by the laws and regulations of the United States, the State of California, the City of
<br />Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
<br />in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
<br />exemptions. Said inability shall be cause for termination of this Agreement.
<br />24. STATEMENT OF COMPLIANCE
<br />a. Consultant's signature affixed herein, and dated, shall constitute a certification
<br />under penalty of perjury under the laws of the State of California that Consultant
<br />has, unless exempt, complied with, the nondiscrimination program requirements of
<br />Government Code Section 12990 and Title 2, California Administrative Code,
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