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attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and <br />in addition a party entitled to attorney's fees shall be entitled to all other <br />reasonable costs for investigating such action, taking depositions and discovery <br />and all other necessary costs the court allows which are incurred in such <br />litigation. All such fees shall be deemed to have accrued on commencement of <br />such action and shall be enforceable whether or not such action is prosecuted to <br />judgment. <br />412.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION <br />4.12.1 Non -liability of CITY Officers and Employees <br />No officer or employee of <br />CONSULTANT, or any successor <br />breach by the CITY or for any <br />CONSULTANT or to its successor, <br />this Agreement. <br />4-12.2 Conflict of Interest <br />the CITY shall be personally liable to the <br />in interest, in the event of any default or <br />amount which may become due to the <br />or for breach of any obligation of the terms of <br />No officer or employee of the CITY shall have any financial interest, direct <br />or indirect, in this Agreement nor shall any such officer or employee participate in <br />any decision relating to the Agreement which effects his financial interest or the <br />financial interest of any corporation, partnership or association in which he is, <br />directly or indirectly, interested, in violation of any State statute or regulation. <br />The CONSULTANT warrants that it has not paid or given and will not pay or give <br />any third party any money or other consideration for obtaining this Agreement. <br />4-12.3 Covenant Against Discrimination <br />CONSULTANT covenants that, by and for itself, its heirs, executors, <br />assigns, and all persons claiming under or through them, that there shall be no <br />discrimination against or segregation of, any person or group of persons on <br />account of race, color, creed, religion, sex, marital status, national origin, or <br />ancestry in the performance of this Agreement. CONSULTANT shall take <br />affirmative action to insure that applicants are employed and that employees are <br />treated during employment without regard to their race, color, creed, religion, <br />sex, marital status, national origin, or ancestry. <br />4-13.0 MISCELLANEOUS PROVISIONS <br />4-13.1 Notice <br />Any Notice: Any notice required to be given under this Agreement shall <br />be in writing and either served personally, sent prepaid first class mail, or by <br />express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed <br />to the other party at the address set forth below. All notices, including notices of <br />address changes, provided under this Agreement, not delivered personally, are <br />deemed received on the third business day after mailing if sent by regular mail, <br />or the next business day if sent by express mail courier via overnight delivery. <br />W <br />