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the properly of the City unless prohibitetl by law, and Consultant consents to the City's use thcreof for such purposes as thc City deems appropriate. b. Payment neetl not be made for work which fails to meet the standard ofpertormance specitietl in the Recitals of this Agreement. 13, DlSCRIMINA nON Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as dcfined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consullant affirms that it is an equal opportunity employer anti shall comply with all applicable lederal, state and local laws and regulations. 14. ,JURISDICTION - VICNUE This Agreement has bccn executed and delivered in the Statc of California and thc validity. interpretation, pcrformance, and enforcement of any of the clauses of this Agreement shall be determincd and governetl by the laws of the Statc of California. Both parties furthcr agree that Orange County. California, shall bc thc venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15, PROFESSIONAL LICENSES Consultant shall. throughout the term of this Agreement. maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereuntler and required by the laws and regulations of the United States, the State of Calilornia, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, appro,,'als, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signatnre hereinbelow has the powcr, authority and right to hind their respective parties to eneh of the terms of this Agreement, and shaH indemniJy City fully. induding reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in lact, held by thc signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set lorth in the body of this Agreement. II II 6