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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 />12. DISCRIMINATION <br />Consultant 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. Consultant affirms that it is an equal opportunity employer <br />and shall comply with all applicable federal, state and local laws and regulations. <br />13. JURISDICTION -VENUE <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 />14. LIMITATION OF LIABILITY <br />Neither party shall be liable to the other, whether in contract or in tort (including <br />negligence, strict liability, or otherwise) for any consequential damages resulting from the <br />performance or nonperformance of its obligations under the Agreement, or from termination of <br />the Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />CITY OF SANTA ANA <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />By: <br />Laura Sheedy <br />Assistant City Attorney <br />DAVID N. REAM <br />City Manager <br />CONSULTANT <br />EDWARD K. AGHJAYAN <br />Tax ID# <br />25D-6 <br />