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02/04/2014 11:40 17607279332 POWERLUX CORPQRATSON PAGE 04/06
<br />other Vendor retained by city,
<br />X,TERMINATION
<br />d. The City reserves'the right to tgrmfndte the contract as follows:
<br />In the event Vendor fails or refuses to timely perform any of the provisions of this
<br />agreement in the manner required, or If Vandpr vlolatea any provision of this
<br />agreement, Vendor shall be deemed in default. City shall provide written notice
<br />of such default to Vendor's project manager. Vendor shall pure sail default
<br />within a period of two (2) Working days. If such cure Is not completed In a timely
<br />Ms m, City may terminate the agreemeht forthwith by giving written notloe to
<br />Vendor'® projsat manager, City may„ In addition to the other remedies provided
<br />In this Agreement or outhorized by law, terminate this Agreement by giving
<br />written notice of termination, Vendor shall be rouponaible for all posts incurred by
<br />City, Including replacement costs of equlpment and labor required to provide
<br />service during Vendor's default. In IN avant of such terminatfon for cause, City
<br />shall pay Vendor that portion of compensatton specified in the Agreement that is
<br />earned and unpaid prior to the effective date of tstminatlon, Vendor shall not he
<br />entitled to any compensation for last profits It terminated for cause,
<br />2. This agreoment may ba terminated without cause by Clty upon thirty (30)
<br />days written notice delivered to Vcndur either pereanally or by mail, upon
<br />terrnim4iun, City shall pay to Vendor tliat portion of compensation
<br />spaciliad in the agreement that Is earned and unpaid prior to the effective
<br />date of termination,
<br />a• In addition to, or in lieu of, remmdios provldod In this ogroament or
<br />pursuant to law, City shall have the right to withhold all or a portion of
<br />Vendor's oompensaticn for contract services N, In the judgment of the city
<br />project manager, the level of servica tails below appropriate atandarda
<br />andlor Vendor falls to satisfactorily perform contract services. City shall
<br />have the right to retain funds withheld until the projectmanafiap
<br />dotsrmines that pontrant servicas are performed in eonformence With this
<br />Agreemtant.
<br />XIMISCRIMINATION
<br />Vendor shall not discriminate because of race, color, creed, religion, soh, marital atatut,
<br />sexual orirntatlon, ags, national origin, ancestry, or disability, as defined and )Whlblied
<br />by applicable law, in the recruitment, selection, training, utilization, promotion,
<br />tormination or other employment related activities, Vendor affirms that It Is an equal
<br />opportunity employer and shall comply with all appiloarJle federal, State and local laws
<br />and ragulatloi %,
<br />X11,JURISDICTION —VENUI
<br />This Ageo*rnent has been exeouted and delivered In the State of California and the
<br />validity, interpretation, performance, and 90woement of any of the clauses of this
<br />Agreement shall be determined and governed by the laws of the $tote of California.
<br />Both parties further agree that Orange County, California, ,hall be the venue: for any
<br />251 -24
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