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1 v. EMPLOYMENT STATUS. <br />ELECTRONICS INDUSTRIES shall, during the entire term of the AGREEMENT, <br />be construed to be an independent Contractor and not an employee of the CITY. This <br />AGREEMENT is not intended nor shall it be construed to create an employer -employee <br />relationship, a join venture relationship, or to allow the CITY to exercise discretion or <br />control over the professional manner in which ELECTRONICS INDUSTRIES performs <br />the services which are the subject matter of the AGREEMENT; provided always, <br />however, that the services to be provided by ELECTRONICS INDUSTRIES shall be <br />provided in a manner consistent with all applicable standards and regulations governing <br />such services. <br />16. CONFLICT OF INTEREST CLAUSE <br />ELECTRONICS INDUSTRIES covenants that it presently has no interests and <br />shall not have interests, direct or indirect, which would conflict in any manner with <br />performance of services specified under this AGREEMENT. <br />17. CERTIFICATION OF NONDISCRIMINATION <br />ELECTRONICS INDUSTRIES shall not discriminate because of race, color, <br />religion, sex, sexual orientation, age, national origin, disability or status as a Vietnam <br />Veteran, as defined and prohibited by applicable law, in the recruitment, selection, <br />training, utilization, promotion, termination or other employment related activities. <br />ELECTRONICS INDUSTRIES affirms that it is an equal opportunity employer and shall <br />comply with all applicable federal, state and local laws and regulations. <br />18. VALIDITY <br />If any term, covenant, condition or provision of this AGREEMENT is held by a <br />court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the <br />provisions hereof shall remain in full force and effect and shall in no way be affected, <br />impaired or invalidated thereby. <br />19. LAWS GOVERNING THIS AGREEMENT <br />This AGREEMENT and all questions relating to its validity, interpretation, <br />performance, and enforcement shall be governed and construed in accordance with the <br />laws of the State of California. This AGREEMENT has been executed and delivered in <br />the State of California and the validity, interpretation, performance, and enforcement of <br />any of the clauses of this AGREEMENT shall be determined and governed by the laws <br />of the State of California. Both parties further agree that Orange County, California, <br />shall be the venue for any action or proceeding that may be brought or arise out of, in <br />connection with or by reason of this AGREEMENT. <br />Page 6 of 7 <br />