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<br /> <br /> <br /> <br /> <br /> <br /> California. Both parties further agree that Orange County, California, shall be the venue <br /> for any action or proceeding that may be brought or arise out of, in connection with or by <br /> reason of this Agreement. <br /> XV.PROFESSIONAL LICENSES <br /> <br /> Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, <br /> permits, approvals, waivers, and exemptions necessary for the provision of the services <br /> hereunder and required by the laws and regulations of the United Sates, the State of <br /> California, the City of Santa Ana and all other governmental agencies. Contractor shall <br /> notify the City immediately and in writing of their inability to obtain or maintain such permits, <br /> licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination <br /> of this Agreement. <br /> XVI.RESPONSIBILITY FOR DAMAGES <br /> <br /> The Contractor shall be responsible for all damages to persons and/or property that <br /> occur as a result of the fault or negligence of said Contractor or his employees in <br /> connection with the performance of this work. <br /> <br /> XVILFAILURE TO PERFORM SATISFACTORILY <br /> A. It is agreed and understood that in the short run, if the Contractor fails to perform <br /> the work as specified herein, the Director, 1) will pay only for the amount of service <br /> received as determined by the Director with an appropriate downward adjustment in <br /> contract price, or 2) may have such required work done by City forces or otherwise, and <br /> charge the cost thereof to the Contractor. <br /> <br /> Such adjustments will be the estimated cost for performance by City forces plus City <br /> overhead and will include overtime pay as required to complete work. <br /> <br /> B. If the Contractor performs the work in such a manner that the amount of payment <br /> withheld due to substandard performance, nonperformance and forfeiture for <br /> noncompletion per schedule totals five (5) percent of the total contract price, the City will <br /> put the Contractor under notice of noncompliance. If the Contractor continues to <br /> perform the work in such a manner that the amount of payment withheld due to <br /> substandard performance, nonperformance and forfeiture for noncompletion per <br /> schedule totals ten (10) percent of the total contract price, the contract is subject to <br /> cancellation at the City's option. In the event of cancellation for unsatisfactory <br /> performance, the original Contractor shall reimburse the City for damage accrued by <br /> changing contractors. <br /> XVIII.SAFETY REQUIREMENTS <br /> All work performed under this contract shall be performed in a manner as to provide <br /> required maximum safety to the public and where applicable, comply with all safety <br /> standards required by CAL-OSHA. The Director reserves the right to issue restraint or <br /> cease and desist orders to the Contractor when unsafe or harmful acts are observed or <br /> reported relative to the performance of the work under this contract. <br /> <br /> XIX.HAZARDOUS CONDITIONS <br /> I <br /> <br /> 20D-10 <br />