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13. DISCRIMINATION <br />OCFA shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br />recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br />OCFA affirms that it is an equal opportunity employer and shall comply with all applicable federal, state <br />and local laws and regulations. <br />14. JURISDICTION - VENUE <br />This MOU 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 MOU shall be determined and <br />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 MOU. <br />15. PROFESSIONAL LICENSES <br />OCFA shall, throughout the term of this MOU, maintain all necessary licenses, permits, <br />approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by <br />the laws and regulations of the United States, the State of California, the City of Santa Ana and all other <br />governmental agencies as it relates to the operation of the flashover container and as necessary for <br />training purposes. OCFA shall notify the City immediately and in writing of its inability to obtain or <br />maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for <br />termination of this MOU. <br />16. MISCELLANEOUS PROVISIONS <br />A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br />and right to bind their respective parties to each of the terms of this MOU. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this MOU. <br />IN WITNESS WHEREOF, the parties hereto have executed this MOU the date and year first above <br />written. <br />ATTEST: <br />CITY QV SA'N PAP. ANA <br />MARIA D. HUI7 K O' RICE <br />Clerk of the Council hiterim City Manager <br />942149.1