ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (OC-87)

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FILE: OC -87 24.8 Amendment. This Agreement may be amended at any time by the written agreement of OCTA and Licensee. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the parties, so long as the same shall be in writing and executed by the parties hereto. 24.9 Assignment, This Agreement and the license given hereunder are personal to the Licensee. Licensee shall not assign or transfer (whether voluntarily or involuntarily) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges given hereunder, without the prior written consent of OCTA, which may be withheld in OCTAs sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and give OCTA the right to immediately terminate this Agreement. 24.10 Attorney's Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 24.11 Nondiscrimination.. Licensee certifies and agrees that all persons employed and any contractors retained, by either Licensee or Licensee's affiliates, subsidiaries, or holding companies, with respect to the License Property, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, disability or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 24.12 Further Acts. At OCTA's sole discretion but at the sole expense of Licensee and without a Licensee claim for reimbursement, Licensee agrees to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Agreement, including the relocation of the Facility and the license given hereunder. 24.13 Waiver of Relocatign Rigtlts. Licensee hereby waives any right to relocation assistance, moving expenses, goodwill or other payments to which Licensee might otherwise be entitled under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. § 4601 at ., and/or the California Relocation Assistance Law, as amended, Government Code § 7260 agt 0Q., but for this waiver and OCTA's express right of termination. 24.14 Time of Essence. Time is of the essence in the performance of this Agreement. Page 14 of 15