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instrument signed by the City and by an authorized representative of Operator. Each party to this
<br />Agreement acknowledges that no representations, inducements, promises or agreements, orally or
<br />otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not
<br />embodied herein.
<br />29. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator
<br />may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent
<br />of the City and any such assignment, transfer, delegation or subcontract without the City's prior written
<br />consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
<br />City's ability to have any of the services which are the subject to this Agreement performed by City
<br />personnel or by other Operators retained by City.
<br />30. NON-DISCRIMINATION
<br />Operator 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
<br />the recruitment, selection, training, utilization, promotion, termination or other employment related
<br />activities. Operator affirms that it is an equal opportunity employer and shall comply with all
<br />applicable federal, state and local laws and regulations.
<br />31. JURISDICTION -VENUE
<br />This Agreement and all questions relating to its validity, interpretation, performance, and
<br />enforcement shall be governed and construed in accordance with the laws of the State of California.
<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
<br />determined and governed by the laws of the State of California. Both parties further agree that Orange
<br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
<br />in connection with or by reason of this Agreement.
<br />32. ATTORNEY'S FEES
<br />Except as otherwise provided in this Agreement, in the event suit is brought by either party to
<br />enforce the terms and provisions of this Agreement or to secure the performance hereof, each party
<br />shall bear its own attorney's fees.
<br />33. PROFESSIONAL LICENSES
<br />Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
<br />approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
<br />by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
<br />other governmental agencies. Operator shall notify the City immediately and in writing of her inability
<br />to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
<br />be cause for termination of this Agreement.
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<br />19D-31
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