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<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 />
<br />12.
<br />
<br />DISCRIMINATION
<br />
<br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
<br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
<br />other employment related activities. Contractor affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />
<br />13.
<br />
<br />JURISDICTION - VENUE
<br />
<br />This Agreement has been executed and delivered in the State of California and the
<br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
<br />shall be determined and governed by the laws of the State of California. Both parties further
<br />agree that Orange County, California, shall be the venue for any action or proceeding that may
<br />be brought or arise out of, in connection with or by reason of this Agreement.
<br />
<br />15.
<br />
<br />COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
<br />
<br />Contractor shall carry out all services pursuant to this Agreement in substantial
<br />conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and
<br />decrees of the United States, the State of California, the County of Orange, the City, and of any
<br />other political subdivision, agency, or instrumentality exercising jurisdiction over the City,
<br />including all applicable federal, state, and local occupation, safety and health laws, rules,
<br />regulations and standards, applicable state and labor standards, prevailing wage requirements,
<br />and all applicable disabled and handicapped access requirements, including, without the
<br />limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code §
<br />4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq.
<br />
<br />16.
<br />
<br />MISCELLANEOUS PROVISIONS
<br />
<br />a. Each undersigned represents and warrants that its signature hereinbelow has the power,
<br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall
<br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
<br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
<br />
<br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
<br />forth in the body of this Agreement.
<br />
<br />II
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<br />II
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