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<br />Santa Ana Police Department <br />Crimes Against Persons Division <br />60 Civic Center Plaza <br />P.O. Box 1981 <br />Santa Ana, CA 92702 <br /> <br />Contractor: <br /> <br />Graffiti Tracker Inc. <br />Timothy Kephart <br />3780 Kilroy Airport Way, Suite 200 <br />Long Beach, CA 90806 <br /> <br />16. Nondiscrimination and Equal Employment Opportunity. In the <br />performance of this Agreement, Contractor shall not discriminate against any employee, <br />subcontractor, or applicant for employment because of race, color, creed, religion, sex, <br />marital status, national origin, ancestry, age, physical or mental handicap, medical <br />condition or sexual orientation. Contractor will take affirmative action to ensure that <br />employees are treated without regard to their race, color, creed, religion, sex, marital <br />status, national origin, ancestry, age, physical or mental handicap, medical condition, or <br />sexual orientation. <br /> <br />17. Assignability; Subcontracting. Contractor shall not assign, transfer, or <br />subcontract any interest in this Agreement or the performance of any of Contractor's <br />obligations hereunder, without the prior written consent of City, and any attempt by <br />Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising <br />hereunder shall be void and of no effect. <br /> <br />18. Compliance with Laws/Licenses. Contractor shall comply with all <br />applicable laws, ordinances, codes and regulations of the federal, state, and local <br />governments. Contractor shall obtain and maintain all necessary professional licenses <br />for providing the services outlined in this Agreement. <br /> <br />19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of <br />anyone or more of the conditions of performance under this Agreement shall not be a <br />waiver of any other condition of performance under this Agreement. In no event shall <br />the making by City of any payment to Contractor constitute or be construed as a waiver <br />by City of any breach of covenant, or any default which may then exist on the part of <br />Contractor, and the making of any such payment by City shall in no way impair or <br />prejudice any right or remedy available to City with regard to such breach or default. <br /> <br />20. Attorney's Fees. The venue for any litigation shall be Orange County. In <br />the event of any asserted ambiguity in, or dispute regarding the interpretation of any <br />matter herein, the interpretation of this Agreement shall not be resolved by any rules of <br /> <br />5 <br />