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<br />b. Right to Cure. In the event of any dispute arising under this Agreement, the injured Party shall
<br />notify the injuring Party in writing of its contentions by submitting a claim therefore. The injured Party
<br />shall continue performing its obligations hereunder so long as the injuring Party cures any default within
<br />thirty (30) days after service of the notice; provided, however, if a breach of this Agreement creates an
<br />immediate danger to the health and safety or general welfare to the CITY, in the reasonable discretion of
<br />the Fire Chief or designee, may take immediate action to remedy the breach itself and/or terminate this
<br />Agreement.
<br />Notwithstanding the preceding, if the Fire Chief or designee finds that PROVIDER is diligently
<br />proceeding with all steps necessary to cure such default, the Fire Chief or designee in conjunction with
<br />the CITY may, in his sole discretion, extend the time period by which PROVIDER must cure such
<br />deficiencies, including the effective date of such termination.
<br />c. Waiver. No waiver of any Event of Breach or Default shall be valid or effective unless in
<br />writing and signed by CITY. Any waiver of any one Event of Default or Breach shall not constitute, or be
<br />construed as creating, a waiver of any other Event of Default or Breach.
<br />d. Action Following Termination. Should this Agreement be terminated for breach, PROVIDER
<br />agrees that CITY and/or OCFA, in their discretion, may take immediate possession of any CITY or
<br />OCFA materials, equipment, and supplies PROVIDER may have used in the performance of the 9-1-1
<br />Emergency Transportation Services. Notwithstanding the above, should this Agreement be terminated for
<br />breach, CITY or OCFA shall have the option to take over the delivery of the 9-1-] Emergency
<br />Transportation Services itself, using CITY personnel or contractors; contract on a temporary emergency
<br />basis with other providers of emergency transport ambulance services; seek new proposals for service; or
<br />such other option as may be deemed necessary and legally available to CITY.
<br />e. No Limitation on CITY's Rights. Nothing herein shall act as any limitation upon the remedies
<br />available to CITY whether at law, or otherwise, in the event of a breach or default of this Agreement.
<br />17. DISCRIMINATION
<br />PROVIDER shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
<br />law, in the recruitment, selection, training, utilization, promotion, termination or other employment
<br />related activities. PROVIDER affirms that it is an equal opportunity employer and shall comply with all
<br />applicable federal, state and local laws and regulations.
<br />18. JURISDICTION -VENUE
<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 />19. LICENSES
<br />PROVIDER shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
<br />required by the laws and regulations of the United States, the State of California, the City of Santa Ana
<br />and all other governmental agencies. PROVIDER shall notify CITY and OCFA immediately and in
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<br />25G-13
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