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shall not apply to any information that (a) has been disclosed in publicly available
<br />sources; (b) is, through no fault of the Consultant disclosed in a publicly available source;
<br />(c) is in rightful possession of the Consultant without an obligation of confidentiality; (d)
<br />is required to be disclosed by operation of law; or (e) is independently developed by the
<br />Consultant without reference to information disclosed by the City.
<br />7, 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
<br />breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure,
<br />right or remedy, whether or not similar, nor shall any waiver constitute a continuing
<br />waiver unless the writing so specifies.
<br />8. 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 of this Agreement.
<br />9. NON-DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection, training, utilization,
<br />promotion, termination or other employment related activities or in connection with any
<br />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 />Consultant shall procure and maintain for the duration of the contract insurance against claims for
<br />injuries to persons or damages to property which may arise from or in connection with the
<br />performance of the work hereunder and the results of that work by the Consultant, his agents,
<br />representatives, employees or subcontractors.
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