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<br /> <br /> <br /> <br /> <br /> services performed by Contractor through the termination date, however, payment need not be made for work <br /> which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall <br /> have no other claim against City by reason of such termination. <br /> <br /> 12. DISCRIMINATION <br /> <br /> Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br /> orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br /> recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br /> Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, <br /> state and local laws and regulations. <br /> 13. JURISDICTION - VENUE <br /> <br /> This Agreement has been executed and delivered in the State of California and the validity, <br /> interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined <br /> and governed by the laws of the State of California. Both parties further agree that Orange County, <br /> California, shall be the venue for any action or proceeding that may be brought or arise out of, in <br /> connection with or by reason of this Agreement. <br /> 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS <br /> <br /> Consultant shall carry out all services pursuant to this Agreement in substantial conformity with <br /> all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, <br /> the State of California, the County of Orange, the City, and of any other political subdivision, agency, or <br /> instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local <br /> occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, <br /> prevailing wage requirements, the City zoning and development standards, City permits and approvals, <br /> building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the <br /> City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access <br /> requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et <br /> seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seg. <br /> 15. MISCELLANEOUS PROVISIONS <br /> <br /> a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br /> and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City <br /> fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such <br /> authority or power is not, in fact, held by the signatory or is withdrawn. <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br /> body of this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 5 <br /> 25D-11 <br />