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<br />a. As a condition of such payment, the Executive Director may require Consultant to deliver
<br />to the City all work product completed as of such date, and in such case such work product shall be
<br />the property ofthe City unless prohibited by law, and Consultant consents to the City's use thereof
<br />for such purposes as the City deems appropriate.
<br />
<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 />13.
<br />
<br />DISCRIMINATION
<br />
<br />Consultant 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. Consultant affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />
<br />14.
<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 />PROFESSIONAL LICENSES
<br />
<br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services
<br />hereunder and required by the laws and regulations of the United States, the State of California,
<br />the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
<br />immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
<br />waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
<br />
<br />16.
<br />
<br />DELIVERY OF WORK PRODUCT
<br />
<br />Consultant shall deliver to City all work product which results from the services
<br />provided. Said work product shall be submitted in a hard copy and produced in a form
<br />compatible with City's computer system, as agreed between the Project Manager and Consultant.
<br />
<br />In regard to any copyrightable material produced as a deliverable under this Agreement,
<br />including but not limited to books, reports, plans, photographs, drawings and computer
<br />programs, the Consultant understands and shall ensure that all of Consultant's affected officers,
<br />employees, agents, contractors, and volunteer workers understand that (a) other such material
<br />may not be copyrighted without prior review from the City: (b) the authors of all such material,
<br />whether copyrighted or not, award to the City, and to its officers, agents and employees acting
<br />
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