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b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of <br />this Agreement. <br />14. DISCRIMINATION <br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, <br />age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, <br />training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal <br />opportunity employer and shall comply with all applicable federal, state and local laws and regulations. <br />15. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, interpretation, <br />performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of <br />the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br />16. PROFESSIONAL LICENSES <br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, <br />waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of <br />the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall <br />notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, <br />and exemptions. Said inability shall be cause for termination of this Agreement. <br />17. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind <br />their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the <br />signatory or is withdrawn. <br />b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are <br />not to be considered in construing this Agreement. <br />c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this <br />Agreement. <br />Signatures on following page