Item 27 - Change to the Facilities Use Agreement with Training & Research Foundation

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cards, in a form mutually agreed upon by the Parties, at all times while at Facilities. TRF badges or identification cards shall state that official, employee or volunteer works for or is affiliated with TRF. Badges or identification cards shall not display City name or logo. 18. Taxes. The Parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of TRF or TRF's permitted users, then TRF shall bear the entire cost of said taxes, assessment, fees or charges. 19. Liens. TRF will not permit any mechanics' liens or materialmen's' liens or any other type of lien to stand against the Facilities by any use, occupancy or improvement by TRF or any agent, employee, or contractor of TRF. 20. Nondiscrimination: TRF shall not discriminate in the course of its activities in or about the Facilities on the basis of race, color, disability, religion, sex, marital status, sexual orientation, gender identity, age, national origin, ancestry, military or veteran's status, disability, or any other basis prohibited by law. TRF affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 21. Jurisdiction and Venue: This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 22. Surrender of Premises. Upon termination or expiration of this Agreement, TRF shall immediately surrender and deliver the premises to the City in good condition and repair, together with all improvements and alternations made by TRF, and any and all furniture, furnishings, equipment, and other personal property then located on the premises. 23. Attorney's fees and costs. The prevailing Party shall pay all costs and reasonable attorney's fees that the other Party incurs in enforcing any of the rights or remedies provided for pursuant to this Agreement. 24. Exclusivity and Amendment. This Agreement represents the complete and exclusive statement between the City and TRF regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the Parties regarding the use of the Facilities. In the event of conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Facilities Use Agreement With Training and Research Foundation 8