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b. Payment need not be made for work which fails to meet the standard of performance specified
<br />in the Recitals of this Agreement.
<br />15. NON-DISCRIMINATION
<br />Contractor 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
<br />related activities or in connection with any activities under this Agreement. Contractor affirms that it is
<br />an equal opportunity employer arnd shall comply with all applicable federal, state and local laws and
<br />regulations.
<br />16, 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 Orange
<br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
<br />in connection with or by reason of this Agreement.
<br />17. PROFESSIONAL LICENSES
<br />Contractor 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, including without limitation, the California Bureau of Security
<br />and Investigative Services. Contractor shall notify the City immediately and in writing of its inability
<br />to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
<br />be cause for termination of this Agreement.
<br />18. LIVE SCAN BACKGROUND CI3ECI{
<br />Contractor, and any employees, subcontractors or substitutes, in contract with minors under
<br />eighteen (18) years of age shall arrange for and submit to a. Live Scan electronic background check for
<br />criminal history available through the California Department of Justice as a condition of this
<br />Agreement and provide proof of compliance prior to performing services hereunder.
<br />19. MISCELLANEOUS PROVISIONS
<br />a. Each undersigned represents and warrants that its signature herein below has the power,
<br />authority and right to bind their respective p<ulies to each of the terms of this Agreement, and shall
<br />indemnify City frilly, including reasonable costs and attoriey's fees, for any injuries or damages to
<br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
<br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if filly set forth in
<br />the body of this Agreement.
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