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h. I?avmcnt need not be made for +vork which fails to meet the standard of performance <br />specified in the Recitals of this ~1~~reement. <br />13. llISCI2IMIVA'I'101~ <br />Cunsultarlt shall not discriminate because of race, color, creed, religion, sex, marital <br />status. sexual orientation. aye. national oriy~in, ancestry, or disability, as defined and prohibited <br />by applicable la+v. in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities. Consultant atfrms that it is an equal opportunity employer <br />and shall comply +yith all applicable federal, state and local laws and regulations. <br />1-I. JURISDIC"1'lOV - ~'I~.NUE <br />This :~~~rccment 11as been executed and delivered in the State of California and the <br />validity. interpretation. performance. and enforcement of am of the clauses of this !lgreement <br />shall be determined and ~zoverned by the laws of the State of California. Both parties further <br />agree that Orange Count. California. shall be the venue for any action or proceeding that may <br />be brou~~ht or arise out of. in connection ++~ith or by reason of this Agreement. <br />15. YI20FI:SS101\~V. LICF,NSES <br />Consultant 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 b+ the laws and regulations of the United States. the State of California. <br />the City ol• Santa :~na and all other governmental agencies. Consultant shall notify the City <br />immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals. <br />+yaivers. and exemptions. Said inability shall be cause for termination of this Agreement. <br />16. ~1ISCELLA'~EOI:S I'ItOVISIO'.VS <br />a. }~:ach undersigned represents and +yarrants that its signature hereinbelow has the power, <br />authority and ri~~ht to hind their respective parties to each of the terms of this Agreement. and shall <br />inderrn~i(~ City liill+. includin~~ reasonable costs and attorney's lees, for any injuries or dama~~es to <br />City in thr event that such authority or po++cr is not, in fact. held by the signatory or is withdra+tin. <br />b. .~I1 I~:xhihits referenced herein and attached hereto shall be incorporated as if fully set <br />torth in the bod+ of~this ~grccment. <br />25A-8 <br />