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(a) <br />I. Consultant, and all its contractors (or sub - recipients) will comply, with all <br />requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 <br />Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, <br />19645, Apr. 19, 1995), as applicable. <br />M. Consultant, and all its contractors (or sub - recipients) will comply, with all <br />requirements of the Department of Housing and Urban Development, <br />Community Development Block Grant Regulatory Code 24 CFR Part 570. <br />n. Consultant agrees that the State of California Office of Traffic Safety shall have <br />the authority to seek patent rights for any process, product, invention or <br />discovery developed and paid for with funding through this Agreement. <br />o. Consultant may not copyright any books, publications or other materials <br />developed in the course of or under this Agreement. The federal awarding <br />agency, State Administrative Agency (SAA) and City reserve any rights to <br />copyright, reproduce, publish or otherwise use, and to authorize others to use, for <br />federal government, SAA and /or City purpose any work developed through this <br />Agreement. <br />N. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate or subcontract t any interest herein without the <br />prior written consent of City and any such assignment, transfer, delegation or subcontract <br />without the City's prior written consent shall be considered null and void. <br />O. 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 <br />determined and governed by the laws of the State of California. Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought <br />or arise out of, in connection with or by reason of this Agreement. <br />P. FINES <br />The Consultant shall be liable for all violation fines levied against the City by federal, state, or <br />local agencies with regulatory authority related to Consultant provided services. <br />Q. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn. <br />b. All Attachments referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />City of Santa Ana RFP 16 -137 <br />25043 <br />