|
=Fq 1111INK]
<br />14. WAIVER
<br />No waiver of breach_ lailurc of any condition, or any tight or rc.rnccly contained in or
<br />granted by the provisions of this Agreement shall be effective utiless it is in writing and signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
<br />remedy shall he deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waives- constitute a continuing waiver unless the writing so specifics.
<br />15. TERMINATION
<br />This Agreement may be terminated by the City upon thirty (30) clays uTiuen notice of
<br />tennination. In such event. Consultant shall be entitled to receive and the City shall pay Consultant
<br />compensation for all services perturtncd by Consultant prior to receipt of such notice of
<br />termination, subject to the following conditions:
<br />a. As a condition of such payment, the Executive Director may require Consultant to
<br />deliver to the City all work product conhpleted as of such date, and in such case,
<br />such work product shall be the property of the City unless prohibited by law, and
<br />Consultant consents to the City's use thereof for such purposes as the City deems
<br />appropriate.
<br />b. Payment need not be made for wotk, which fails to meet the standard of
<br />performance specified in the Recitals of this Agreement.
<br />16, NON-DISCRIMINATION
<br />Consultant shall not discrintinatc bce3tl3e of race, color, creed, religion, scx, marital status,
<br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
<br />information, or military and veteran status, age, national origin, ancestry, or disability, a, defined
<br />and prohibited by applicable law, in the recruiulien t, selection, teaching, u-aining, utilization,
<br />promotion, termination or other enhployment related activities or any services provided under this
<br />Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
<br />applicable federal, state and local laws and regulations.
<br />17. JtIRISDIC'1'ION-VI?NtJb;
<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 he
<br />determined and governed by the laws of the State or C:alifomia. Moth parties further agree that
<br />Orange County- Calilornia, shall be the venue for any action or proceeding that may he brought Or
<br />arise Out Of, in connection with or by ic&;on of this Agreement.
<br />18. 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 ithc services hcreu der
<br />City Council 20 — 45 6/15/2021
<br />Pagc 7 of 1 1
<br />
|