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of liability to City for damages sustained by the City by virtue of any breach of this Agreement by
<br />Consultant, and City may withhold any payments due to Consultant until such time as the exact
<br />amount of damages, if any, due City from Consultant 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,
<br />Section 11102.
<br />b. During the performance of this Agreement, Consultant and its subconsultants shall
<br />not unlawfully discriminate, harass, or allow harassment against any employee or
<br />applicant for employment because of sex, race, color, ancestry, religious creed,
<br />national origin, physical disability (including HIV and AIDS), mental disability,
<br />medical condition (e.g., cancer), age (over 40), marital status, gender, gender
<br />identity, gender expression, sexual orientation, military or veteran status, and
<br />denial of family care leave. Consultant and subconsultants shall insure that the
<br />evaluation and treatment of their employees and applicants for employment are
<br />free from such discrimination and harassment.
<br />Consultant and subconsultants shall comply with the provisions of the Fair
<br />Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable
<br />regulations promulgated thereunder (California Code of Regulations, Title 2,
<br />Section 7285 et seq.). The applicable regulations of the Fair Employment and
<br />Housing Commission implementing Government Code Section 12990 (a-f), set
<br />forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,
<br />are incorporated into this Agreement by reference and made a part hereof as if set
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