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<br />13. DISCRIMINATION <br /> <br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities. Contractor affirms that it is an equal opportunity employer <br />and shall comply with all applicable federal, state and local laws and regulations. <br /> <br />14. JURISDICTION - VENUE <br /> <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br /> <br />15. PROFESSIONAL LICENSES <br /> <br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services <br />hereunder and required by the laws and regulations of the United States, the State of California, <br />the City of Santa Ana and all other governmental agencies. Contractor shall notify the City <br />immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, <br />waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br /> <br />16. RESPONSIBILITY FOR DAMAGES <br /> <br />The Contractor shall be responsible for all damages to persons and/or property that occur <br />as a result of the fault or negligence of said Contractor or its employees in connection with the <br />performance of this work. <br /> <br />17. FAILURE TO PERFORM SATISFACTORILY <br /> <br />A. It is agreed and understood that if the Contractor fails to perform the work as <br />specified herein, the Director 1) will only pay for the amount of service received as <br />determined by the Director with an appropriate downward adjustment in contract <br />price, or 2) may have such required work done by City forces or otherwise, and <br />charge the cost thereof to the Contractor. <br /> <br />Such adjustments will be the estimated cost for performance by City forces plus <br />City overhead and will include overtime pay as required to complete work. <br /> <br />B. The Director may make a billing adjustment in monthly payments for <br />insufficiencies in service rendered by the Contractor. Billing adjustments for this <br /> <br />7 <br />