|
product shall be the property of the City unless prohibited bylaw, and Consultant
<br />consents to the City's use thereof for such purposes as the City deems appropriate
<br />provided that any such use not within the purposes intended by this Agreement shall be
<br />at City's sole risk,
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
<br />16. DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
<br />law, in the recruitment, selection, training, utilization, promotion, termination or other employment related
<br />activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and focal laws and regulations.
<br />17, 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 the clauses of this Agreement shall be
<br />determined and governed by the laws of the State of California. Both parties further agree that Orange
<br />County, 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 />16. PROFESSIONAL LICENSES
<br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
<br />required by the laws and regulations of the United States, the State of California, the City of Santa Ana
<br />and all other governmental' agencies, Consultant shall notify the City immediately and in writing of its
<br />Inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
<br />shall be cause for termination of this Agreement.
<br />19. MISCELLANEOUS PROVISIONS
<br />a. Each undersigned represents and warrants that its signature hereinbelow has the power,
<br />authority and right to bind their respective parties to each of the terms of this Agreement,
<br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any
<br />injuries or damages to City in the event that such authority or power is not, in fact, held
<br />by the signatory or is withdrawn,
<br />b. All Exhibits referenced herein and attached' hereto shall be incorporated as if fully set
<br />forth in the body of this Agreement.
<br />[This section is intentionally left blank]
<br />
|