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Consultant. The parties agree that any terms or conditions of any purchase order or other
<br /> instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
<br /> bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
<br /> representations, inducements,promises or agreements,orally or otherwise,have been made by any
<br /> party, or anyone acting on behalf of any party, which are not embodied herein.
<br /> 15. ASSIGNMENT
<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 the City and any such assignment, transfer, delegation or subcontract without
<br /> the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
<br /> be construed to limit the 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 /> 16. WAIVER
<br /> No waiver of breach, failure of any condition, or any right or remedy contained in or
<br /> granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
<br /> the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or
<br /> remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br /> similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
<br /> 17. TERMINATION
<br /> This Agreement may be terminated by the City upon thirty (30) days written notice of
<br /> termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant
<br /> compensation for all services performed by Consultant prior to receipt of such notice of
<br /> termination, subject to the following conditions:
<br /> a. As a condition of such payment,the Executive Director may require Consultant to
<br /> deliver to the City all work product completed as of such date, and in such case
<br /> such work product shall be the property of the City unless prohibited by law, and
<br /> Consultant consents to the City's use thereof for such purposes as the City deems
<br /> appropriate.
<br /> b. Payment need not be made for work which fails to meet the standard of
<br /> performance specified in the Recitals of this Agreement.
<br /> 18. NON-DISCRIMINATION
<br /> Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
<br /> Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
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