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Confidential information disclosure to either party by any subsidiary and /or agent of the party is
<br />covered by this information that (a) has been disclosed in publically available sources; (b) is,
<br />through, no fault of the receiving party disclosed in a publically available source; (c) is in the
<br />rightful possession of the receiving party without obligation of confidentiality; (d) is required to
<br />be disclosed by operation of law; or (e) is independently developed by the receiving party
<br />without reference to information disclosed by the other party.
<br />11. LIQUIDATED DAMAGES
<br />If the City determines that the contractor failed to cure its default as set forth in section G
<br />of this agreement, the parties to the agreement agree that it would be impracticable and
<br />extremely difficult to determine the damage to City arising from such breach. Therefore, in the
<br />event of contractor's breach, contractor shall pay to City the surn of $500 a day for such breach,
<br />in addition to any cost, fines, etc, levied against the City.
<br />12. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND
<br />PROFESSIONAL LICENSES
<br />Contractor shall perform all requirements under this contract in strict observance of and
<br />in compliance with all applicable environmental, traffic, safety and any other laws, regulations,
<br />ordinances, codes and any other legislative or statutory requirements.
<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 as required by the law and regulations of the United States, State of California,
<br />County of Orange, and City of Santa Ana, and any other government agencies. Contractor shall
<br />notify City immediately and in writing of its inability to obtain and maintain such permits;
<br />licenses, waivers and exemptions. Such inability shall be cause for termination of the
<br />Agreement.
<br />13. DISCRIMINATION
<br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities. Contractor affirms that it is an equal opportunity employer and
<br />shall comply with all applicable federal, state and local laws and regulations.
<br />14. ASSIGNMENT
<br />Inasmuch as this contract is intended to secure the specialized services of contractor,
<br />contractor may not assign, transfer, delegate or subcontract any interest herein without the prior
<br />written consent of City and any such assignment, transfer, delegation or subcontract without the
<br />City's prior written consent shall be considered null and void.
<br />25A -9
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