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deposited in the United States mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
<br />state, County or City holidays shall be excluded.
<br />20. COMPLIANCE WITH LAWS
<br />Promoter shall obtain and maintain a permit(s) issued by the Division of Industrial Safety
<br />of the Department of Industrial Relations of the State of California for the operation of
<br />amusement rides. In addition, Promoter shall, at Promoter's own cost and expense, comply with
<br />all statutes, ordinances, regulations, and requirements of all governmental entities, including
<br />federal and state, county and municipal, relating to Promoter's obligations under this Agreement
<br />whether such statute, ordinances, regulations, and requirements be now in force or hereinafter
<br />enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a
<br />proceeding brought against Promoter by any government entity, that Promoter has violated any
<br />such statute, ordinance, regulation, or requirement shall be conclusive as between City and
<br />Promoter and shall be considered grounds for termination of this Agreement by City. Promoter
<br />will obtain all permits and other governmental approvals, required in connection with Promoter's
<br />activities hereunder, and update such permits/approvals as necessary.
<br />21. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Promoter regarding the subject matter herein, and supersedes any and all other agreements, oral
<br />or written, between the parties. In the event of a conflict between the terms of this Agreement
<br />and any attachments hereto, including Exhibit A, the terms of this Agreement shall prevail. This
<br />Agreement may not be modified except by written instrument signed by the City and by an
<br />authorized representative of Promoter. Each party to this Agreement aclmowledges that no
<br />representations, inducements, promises or agreements, orally or otherwise, have been made by
<br />any party, or anyone acting on behalf of any parties, which are not embodied herein.
<br />22. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Promoter,
<br />Promoter may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
<br />be construed to limit the City's ability to have any of the services which are the subject to this
<br />Agreement performed by City personnel or by other operators retained by City.
<br />23. NON-DISCRIMINATION
<br />Promoter 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
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities or in connection with any activities under this Agreement.
<br />Promoter affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />24. 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 be
<br />brought or arise out of, in connection with or by reason of this Agreement.
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