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<br />Each party to this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any <br />party, which are not embodied herein. <br /> <br />11. ASSIGNMENT <br /> <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of City and any such assignment, transfer, delegation or subcontract without <br />City's prior written consent shall be considered null and void. Nothing in this Agreement shall be <br />construed to limit City's ability to have any of the services which are the subject to this <br />Agreement performed by City personnel or by other consultants retained by City. <br /> <br />12. TERMINA nON <br /> <br />This Agreement may be terminated by City upon thirty (30) days written notice of <br />termination. In such event, Consultant shall be entitled to receive and City shall pay Consultant <br />compensation for all services performed by Consultant prior to receipt of such notice of termination, <br />subject to the following conditions: <br /> <br />a As a condition of such payment., the City Attorney may require Consultant to deliver to <br />City all work product completed as of such date, and in such case such work product shall be the <br />property of City unless prohibited by law, and Consultant consents to City's use therooffor such <br />purposes as 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 />c. If this agreement is canceled or the date is changed by City anytime before the work <br />is completed, the deposit will be deemed a cancellation investment and remains with the <br />Consultant. The services under this agreement may be rescheduled to a mutually acceptable <br />date, and must be in writing prior to the session date in order for the deposit to be applied to the <br />Consultant's seI,,'ices. If Consultant cancels this agreement., City will receive a full refund for <br />the ammmt of the investment <br /> <br />13. DISCRIMINATION <br /> <br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital <br />status, sexual orientation, age, national origin, ancestI)", 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 />