Contractor 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 that 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
<br /> status, 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 /> promotion, termination or other employment related activities or any services provided under
<br /> this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply
<br /> with all applicable federal, state and local laws and regulations.
<br /> 20. 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 /> 21. LICENSES AND PERMITS
<br /> a. Contractor shall, throughout the term of this Agreement, maintain all necessary
<br /> licenses, permits, approvals, waivers, and exemptions necessary for the provision of
<br /> the services hereunder and required by the laws and regulations of the United States,
<br /> the State of California, the City of Santa Ana and all other governmental agencies.
<br /> Contractor shall notify the City immediately and in writing of its inability to obtain or
<br /> maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
<br /> shall be cause for termination of this Agreement.
<br /> b. For locations in City that require a City permit, City shall assist Contractor in securing
<br /> said City permit and waive applicable City permit costs.
<br /> 22. MISCELLANEOUS PROVISIONS
<br /> a. Each undersigned represents and warrants that its signature herein below has the
<br /> power, authority and right to bind their respective parties to each of the terms of
<br /> this Agreement, and shall indemnify City fully, including reasonable costs and
<br /> attorney's fees, for any injuries or damages to City in the event that such authority
<br /> or power is not, in fact, held by the signatory or is withdrawn.
<br /> Page 9 of 10
<br />
|