|
29. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Operator,
<br />Operator may not assign, transfer, delegate, or subcontract any interest herein, except as specified
<br />in Section lb of this Agreement, without the prior written consent of the City and any such
<br />assignment, transfer, delegation or subcontract without the City's prior written consent shall be
<br />considered null and void. Nothing in this Agreement shall be construed to limit the City's ability
<br />to have any of the services which are the subject to this Agreement performed by City personnel
<br />or by other Operators retained by City.
<br />30. DISCRIMINATION
<br />Operator 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. Operator affirms that it is an equal opportunity employer and shall
<br />comply with all applicable federal, state and local laws and regulations.
<br />31. 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
<br />Orange County, California, shall be the venue for any action or proceeding that may be brought or
<br />arise out of, in connection with or by reason of this Agreement.
<br />32. ATTORNEY'S FEES
<br />Except as otherwise provided in this Agreement, in the event suit is brought by either party
<br />to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each
<br />party shall bear its own attorney's fees.
<br />33. PROFESSIONAL LICENSES
<br />Operator 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
<br />and required by the laws and regulations of the United States, the State of California, the City of
<br />Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in
<br />writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
<br />exemptions. Said inability shall be cause for termination of this Agreement.
<br />Page 10 of 11
<br />
|