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<br /> Payment need not be made for work which fails to meet the standard of performance
<br /> specified in the Recitals of this Agreement.
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<br /> 13. DISCRIMINATION
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<br /> ARAMARK shall not discriminate because of race, 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 employment related activities. ARAMARK affirms that it is an equal opportunity employer
<br /> and shall comply with all applicable federal, state and local laws and regulations.
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<br /> 14. JURISDICTION - VENUE
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<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 any lawsuit in connection with or by reason of this Agreement may be brought or
<br /> removed, as appropriate, in the state or federal courts for Orange County, California.
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<br /> 15. PROFESSIONAL LICENSES
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<br /> ARAMARK shall, throughout the term of this Agreement, maintain all necessary
<br /> licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services
<br /> hereunder and required by the laws and regulations of the United States, the State of California,
<br /> the City of Santa Ana and all other governmental agencies. ARAMARK shall notify CITY
<br /> immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
<br /> waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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<br /> 16. PERSONNEL
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<br /> The City acknowledges that ARAMARK has invested considerable time and money in
<br /> training its supervisory employees in systems, procedures, methods, techniques and other
<br /> valuable information which is proprietary and unique to ARAMARK's manner of conducting
<br /> business. Therefore, the City agrees that it will not hire supervisory employees of ARAMARK,
<br /> working at the Santa Ana Detention Facility during the term of this Agreement and for twelve
<br /> months after its termination.
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<br /> 17. MISCELLANEOUS PROVISIONS
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<br /> a. Each undersigned represents and warrants that its signature hereinbelow has the power,
<br /> authority and right to bind their respective parties to each of the terms of this Agreement, and shall
<br /> indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
<br /> CITY in the event that such 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
<br /> forth in the body of this Agreement.
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<br /> 25E-9
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