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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
<br /> acting on behalf of any party, which is not embodied herein.
<br /> 16. ASSIGNMENT
<br /> Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
<br /> Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
<br /> consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
<br /> written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
<br /> the City's ability to have any of the services which are the subject to this Agreement performed by City
<br /> personnel or by other Contractors retained by City.
<br /> 17. WAIVER
<br /> No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
<br /> the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
<br /> the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
<br /> a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
<br /> constitute a continuing waiver unless the writing so specifies.
<br /> 18. TERMINATION
<br /> This Agreement may be terminated by the City upon thirty(30) days written notice of termination.
<br /> In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
<br /> all services performed by Contractor prior to receipt of such notice of termination, subject to the following
<br /> conditions:
<br /> a. As a condition of such payment, the Executive Director may require Contractor to deliver
<br /> to the City all work product(s) completed as of such date, and in such case such work
<br /> product shall be the property of the City unless prohibited by law, and Contractor consents
<br /> to the City's use thereof for such purposes as the City deems 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 /> 19. NON-DISCRIMINATION
<br /> Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br /> orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
<br /> military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
<br /> applicable law,in the recruitment,selection,teaching,training,utilization,promotion,termination or other
<br /> employment related activities or any services provided under this Agreement. Contractor affirms that it is
<br /> an equal opportunity employer and shall comply with all applicable federal, state and local laws and
<br /> regulations.
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