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representative of Consultant. The parties agree that any terms or conditions of any <br />purchase order or other instrument that are inconsistent with, or in addition to, that <br />terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party <br />to this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting on <br />behalf of any parties, which are not embodied herein. <br /> <br />12. ASSIGNMENT <br /> <br />Inasmuch as this Agreement is intended to secure the specialized services of <br />Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest <br />herein without the prior written consent of the City and any such assignment, transfer, <br />delegation or subcontract without the City’s prior written consent shall be considered <br />null and void. Nothing in this Agreement shall be construed to limit the City’s ability to <br />have any of the services that are the subject to this Agreement performed by City <br />personnel or by other Consultants retained by City. <br /> <br />13. TERMINATION <br /> <br />This Agreement may be terminated by the City with thirty (30) days written notice of <br />termination to the Consultant. <br /> <br />A. As a condition of such payment, the City may require Consultant to deliver <br />to the City all the work product completed, as of such date, and in such <br />case, such work product shall be the property of the City unless prohibited <br />by law, and Consultant consents to the City’s use thereof for such <br />purposes, as the City deems appropriate. <br /> <br />B. Payment need not be made for work that fails to meet the standard of <br />performance specified in the Recitals of this Agreement. <br /> <br />14. NON-DISCRIMINATION <br /> <br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital <br />status, sexual orientation, gender identity, age, na tional origin, ancestry, or disability, as <br />defined and prohibited by applicable law, in the recruitment, selection, training, <br />utilization, promotion, termination or other employment related activities or any activities <br />under this Agreement. <br />Consultant affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br /> <br /> <br />