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7.6. No waiver by either party or any breach, default, or series of breaches or defaults, and no <br />failure, refusal, or neglect of either party to exercise any right, power, or option given to it under <br />this Agreement or to insist upon strict compliance with the terms of this Agreement shall <br />constitute a waiver of these provisions with respect to any subsequent breach or waiver by <br />either party or its right at any time thereafter to require exact and strict compliance with <br />provisions of this Agreement. <br />7.7. Any notice or other communication required or permitted to be made or given by either <br />party pursuant to this Agreement will be in writing and will be deemed to have been duly given: <br />(i) five business days after the date of mailing if sent by registered or certified U.S. mail, postage <br />prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a <br />confirmation of transmission is produced by the sending machine; or (iii) when delivered if <br />delivered personally or sent by express courier service. All notices to City shall include a <br />reference to the Project title. <br />All notices will be sent to the other party at its address as set forth below or at such other <br />address as such party will have specified in a notice given in accordance with this section: <br />Grantee: Orange County Children's Therapeutic Arts Center <br />2215 North Broadway <br />Santa Ana, CA 92706 <br />City: City of Santa Ana <br />Clerk of the Council (M -30) <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />FAX (714) 647 -6956 <br />7.8. This Agreement is subject to all applicable local, State and Federal laws. This Agreement <br />has been executed and delivered in the State of California and the validity, interpretation, <br />performance, and enforcement of any of the clauses of this Agreement 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 Agreement. <br />7.9. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws <br />as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, <br />marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and <br />prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, <br />termination or other employment related activities. Grantee affirms that it is an equal opportunity <br />employer (if applicable) and shall comply with all applicable federal, state and local laws and <br />regulations. <br />7.10. Any funds provided under this Agreement that are not expended, obligated or otherwise <br />committed by the termination or expiration of this Agreement shall be immediately returned to <br />City. <br />4 <br />