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b. Payment need not be made for work which fails to meet the standard of <br />performance specified in the Recitals of this Agreement. <br />15. DI,SCItIMINATION <br />Contractor shall not discriminate beeause of race, color, creed, religion, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities. Contractor affirms that it is an equal opportunity employer <br />and shall comply with all applicable federal, state and local laws and regulations in this <br />Agreement. <br />16. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the <br />Validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br />17. PROFESSIONAL LICENSES <br />Contractor shall, throughout the tern of this Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services <br />hereunder and required by the laws and regulations of the United States, the State of California, <br />the City of Santa Ana and all other governmental agencies. Contractor shall notify the City <br />irmnediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, <br />waivers, and excmptions. Said inability shall be cause for termination of this Agreement. <br />18. 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 <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incoIporated as if fully <br />set forth in the body of this Agreement. <br />Page 7 of 9 <br />