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a. As a condition of euah payment, the l3xeoutive Directormay require Consultant to deliver <br /> to the City all worlr product completed as of such date, and in such case:snch work product: shaII ba <br />' <br /> the property of the City unless prohr <br />bited bylaw, and Consultantconsents to the City's use thereof <br /> for suchpurposes as the City deems appropaate. <br /> b. Payment need not be made for work which fails to meet the standard a?f perfomzsnce <br /> specified in the Recitals of this Agreetnerrt. <br /> 13. DISCRIMIhTATION <br /> Consultant-shall not discriminate because ofrsce, 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 eamployment related activities. Consultant affirms that it is sn equal opportunity employer <br /> and shall comply with all applicable federal, state and local laws and regulations. <br /> 14. J'[1RIS.DICTION -VENUE <br /> TIus.Agreement has bean executed and delivered in the State of California and the <br />-: ?< validity,_'interp;station, perfonneaoe, and enforcement of any of the clauses of this Agreement <br /> shaII'be determined and goye?med by the laws of the State of California. Both parties further <br /> agree that Orange County, Cafitbrnia, ahaII be the venue for any action or proceeding that tray <br /> be brought or arisarout of, is connection. with or by reason ofthis Agreement. <br /> 15. PROFESSIOl?iAL LICENSES <br /> Consultant shall, throughout the tarn ofthis_Agreeanent, maintain s1i necessary Icenses, <br /> ,permits, approvals, waivers, sad exemprions necessary for the provision oftlYe aetvices <br /> hereunder and required by the laws and regulations of the United States, the State of Califomia, <br /> the City of Santa Ana and all other governmental agencies. Consultant shall notify the City <br /> ,immediately and in writing of its inability to obtain or maintain.such.permits,:lic?nses, approvals, <br /> waivers, and exemptions. Said inability shall ba cause far termination of this Agreement. <br /> 16. IYIISCELLANEOIIS PROVISIONS <br /> a. -Hach undersigned repraseaus and wan?ants that its signatui+eheraiabalowhes the powor, <br /> authority and right to bind their respective parties to each of the teitms of tIvs Agreement, and shall <br /> inde?nifiY: ?Y ?Y, inciudirrg reasonable costs and atta?mey's fees, for anyinjvriea or damages to <br /> Qty ia:tha.event:thatsuch authority or power is not, in fact, held by the signatory or is withdrawn. <br /> b.. All Attachments: mferenced herein and attached hereto steal l be incorporated as if folly set <br /> forth in the body of this Agreement. <br />6 <br />25C-13