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12. DISCRIMINATION <br />User shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities. User affirms that it is an equal opportunity employer and shall <br />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. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: <br />~, <br />MARIA D: HIJIZAR~- <br />Clerk ofthe Council <br />APP~AV~D AS TO FORM: <br />CITY OF SANTA ANA <br />1/~:~._.._. <br />~~~ <br />DAVID N. REAM <br />City Manager <br />RECOMMENDED FOR APPROVAL: <br />i~~~~` ~ - <br />GERARDO MOUE <br />Executive Director the Parks, Recreation <br />and Community Services <br />[Signatures continue on next page] <br />