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<br />. <br /> <br />. <br /> <br />and void. Nothing in this Agreement shall be construed to limit the City's ability to have <br />any of the services which are the subject to this Agreement performed by City personnel <br />or by other consultants retained by City. <br /> <br />12. TERMINATION <br /> <br />This Agreement may be terminated by the City upon thirty (30) days written <br />notice of termination. In such event, Consultant shall be entitled to receive and the City <br />shaH pay Consultant compensation for all services perfonned by Consultant prior to receipt <br />of such notice oftermination, subject to the following conditions: <br /> <br />a. As a condition of such payment, the Executive Director may require Consultant <br />to deliver to the City all work product completed as of such date, and in such case such work <br />product shall be the property of the City unless prohibited by law, and Consultant consents <br />to the City's use thereof 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 <br />performance specified in the Recitals of this Agreement. <br /> <br />13. DISCRIMINATION <br /> <br />Consultant shall not discriminate because of race, color, creed, religion, sex, <br />marital status, sexual orientation, age, national origin, ancestry, or disability, as defined <br />and prohibited by applicable law, in the recruitment, selection, training, utilization, <br />promotion, termination or other employment related activities. Consultant affirms that it <br />is an equal opportunity employer and shaH comply with aH applicable federal, state and <br />local laws and regulations. <br /> <br />14. JURISDICTION - VENUE <br /> <br />This Agreement and aH questions relating to its validity, interpretation, <br />performance, and enforcement shaH be government and construed in accordance with the <br />laws of the State of California. This Agreement has been executed and delivered in the <br />State of California and the validity, interpretation, performance, and enforcement of any <br />of the clauses of this Agreement shall be determined and governed by the laws of the <br />State of California. Both parties further agree that Orange County, California, shall be <br />the venue for any action or proceeding that may be brought or arise out of, in connection <br />with or by reason of this Agreement. <br /> <br />15. PROFESSIONAL LICENSES <br /> <br />Consultant shaH, throughout the term of this Agreement, maintain all necessary <br />licenses, permits, approvals, waivers, and exemptions necessary for the provision of the <br />services hereunder and required by the laws and regulations of the United States, the <br />State of California, the City of Santa Ana and all other governmental agencies. <br /> <br />