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(ii) In the event BB&K, its officers, agents or employees is made a party to any action
<br />or proceeding filed or prosecuted against City for such damages or other claims solely arising out of or
<br />in connection with the work operation or activities of City hereunder, City agrees to pay to BB&K,
<br />its officers, agents or employees any and all costs and expenses incurred by attorney, its officers, agents
<br />or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees.
<br />13. NOTICES
<br />Notices required pursuant to this Agreement shall be given by personal service upon the party to
<br />be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful
<br />successor; postage prepaid and addressed as follows:
<br />CITY: City of Santa Ana
<br />20 Civic Center Plaza
<br />Santa Ana, CA 92701
<br />Attention: City Manager
<br />ATTORNEY: Best Best & Krieger LLP
<br />5 Park Plaza, Suite 1500
<br />Irvine, California 92614
<br />494-263-2600 (office)
<br />Attention: Sonia R. Carvalho
<br />Best Best & Krieger LLP
<br />3750 University Avenue, Suite 400
<br />Riverside, CA 92502
<br />Attn: Managing Partner
<br />Service of a notice by personal service shall be deemed to have been given as of the date of such personal
<br />service. Notice given by deposit with the United States Postal Service shall be deemed to have been
<br />given two (2) consecutive business days following the deposit of the same in the custody of said Postal
<br />Service. Either party hereto may, from time to time, by written notice to the other, designate a
<br />different addressor person which shall be substituted for that specified above.
<br />14. NON-DISCRIMINATION
<br />In connection with the execution of this Agreement, BB&K shall not discriminate against any
<br />employee or applicant for employment because of race, religion, marital status, color, sex, handicap,
<br />sexual persuasion, or national origin. BB&K shall take affirmative action to ensure that applicants are
<br />employed, and that employees are treated fairly during their employment, without regard to their race,
<br />religion, color, sex, marital status, handicap, sexual persuasion, or national origin. Such actions shall
<br />include, but not be limited to, the following: employment, promotion, demotion, transfer, duties
<br />assignment; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship.
<br />15. TERM. DISCHARGE AND WITHDRAWAL
<br />This Agreement shall commence on April 2, 2012, and shall remain in full force and effect until
<br />terminated by either party hereto. After November 1, 2012, City may discharge BB&K at any time. The
<br />City Attorney shall have no right to hearing or notice, and may be discharged with or without notice.
<br />251-9
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