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property of the City unless prohibited by law, and Provider consents to the City's use thereof for
<br />such purposes as the City deems appropriate,
<br />b. Payment need not be made for work that fails to meet the standard of perfonnance
<br />specified in the Recitals of this Agreement.
<br />14. NON DISCRIMINATION
<br />Provider shall not discriminate because of race, color, creed, relation, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities or any activities under this Agreement. Provider affirms that it is
<br />an equal opportunity employer and shall comply with all applicable federal, state and local laws
<br />and regulations.
<br />13. 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 detennined 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 />16, PROFESSIONAL LICENSES
<br />Provider shall, throughout the term 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 Sates, the State of California,
<br />the City of Santa Ana and all other governmental agencies. Provider shall notify the City
<br />immediately and in writing of her inability to obtain or maintain such permits, licenses,
<br />approvals, waivers, and exemptions. Said inability shall be cause for termination of this
<br />Agreement,
<br />17, 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 terns 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 sucb authority
<br />or ,power is not, in fact, held by the signatory or is withdrawn.
<br />All exhibits referenced herein and attached hereto shall be incorporated as if fully
<br />set forth in the body of this Agreement.
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