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subcontractors. <br />12. ASSIGNABILITY <br />Inasmuch as this Agreement is intended to secure the <br />specialized services of PERFORMER, PERFORMER may not assign, <br />transfer, delegate, or subcontract any interest herein without <br />the prior written consent of the CITY and any such assignment, <br />transfer, delegation or subcontract without the CITY'S prior <br />written consent shall be considered null and void. Nothing in <br />this Agreement shall be construed to limit the CITY'S ability to <br />have any of the services which are the subject to this Agreement <br />performed by CITY personnel or by other performers retained by <br />CITY. <br />!3. BREACH <br />Inasmuch as this Agreement is intended to secure the <br />specialized services of Ninos Ritmo, failure of the group to <br />appear and perform shall be considered a material breach of this <br />agreement. The CITY shall be entitled to all legal and equitable <br />remedies including but not limited to incidental and <br />consequential damages. <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />Agreement the date and year first above written. <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />5 <br />CITY OF SANTA ANA, a municipal <br />corporation of the State of <br />California <br />jAVID N. REAM <br />City Manager <br />