14. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
<br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and: void. Nothing in this Agreement
<br />shall be construed to.limit the City's ability to have any of the services. which are the subject to,
<br />this Agreement performed by City personnel. or by other consultants,retained by City.
<br />15. 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 airy other.breaeh, failure; right or remedy; whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing:so. specifies.
<br />16. TERMINATION
<br />This. Agreement may. be terminated by ,the. City upon thirty (30) days written.notice of
<br />termination. In such event, Consultant shall be entitled to: receive and the City shall pay Consultant
<br />compensation for all services performed by Consultant prior to receipt of such notice of
<br />termination, subject to the following conditions:
<br />a.. Asa condition of such payment, the Executive Director may require Consultant to
<br />deliver to the City ail -;work product completed as ;of such date, .and in such case
<br />such work product shall be'the property of the City; unlessprohibited by law, and
<br />Consultant consents to the City's use thereof for such purposes as the City deems
<br />appropriate..- - -
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
<br />17. NON-DISCRIMINATION
<br />Consultant shall not discriminate because of race; color, creed, religion, sex, marital status,
<br />sexual orientation, gender identity, gender expression, gender, medical .conditions, . genetic
<br />information, or:military and veteran status, age, national: origin, ancestry, or disability, as defined
<br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
<br />prometion,1enninati6n or other employment related activities or any services provided under this
<br />Agreement. Consultant affirms that it is an equal, opportunity employer and shall comply with all
<br />applicable federal, state and.local laws and regulations.
<br />18. JURISDICTION -VENUE
<br />This Agreement has been executed and delivered in 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 proceedingthat may be btoughtor
<br />Page 8 of 11
<br />
|