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recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br />Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, <br />state and local laws and regulations. <br />31. JURISDICTION - VENUE <br />This Agreement 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 Agreement shall be determined <br />and 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 Agreement. <br />32. ATTORNEY'S FEES <br />Except as otherwise provided in this Agreement, in the event suit is brought by either party to <br />enforce the terms and provisions of this Agreement, or to secure the performance hereof, each party shall <br />bear its own attorney's fees. <br />33. PROFESSIONAL LICENSES <br />Promoter shall, throughout the term of this Agreement, 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. Promoter shall notify the City immediately and in writing of her inability to <br />obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be <br />cause for termination of this Agreement. <br />34. BINDING ON HEIRS AND SUCCESSORS <br />This Agreement shall be binding on and shall more to the benefit of the heirs, executors, <br />administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be <br />deemed to be a waiver of any of the conditions against assignment set forth herein. <br />35. SURVIVAL <br />Terms and conditions of this Agreement, which by their sense and context survive the <br />termination, or expiration of this Agreement, shall so survive <br />36. 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 Agreement, and shall indemnify City <br />fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such <br />authority or power is not, in fact, held by the signatory or is withdrawn. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this Agreement. <br />20A -12 <br />