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Agreement performed by City personnel or by other contractors retained by City. <br />16. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, tight of remedy. No waiver of any breach, failure or tight, or <br />remedy shall be deemed a waiver of' any other breach, failure, right nr remedy, whether or not <br />similar, not, shall any waiver constitute a continuing waiver unless the writing so specifies. <br />17. 'TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of <br />termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor <br />compensation for all services performed by Contractor 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 Contractor to <br />deliver to the City all work product completed 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 />Contractor consents to the City's use thereof flOT such purposes as the City deems <br />appropriate. <br />b. Payment need not be made for work which fails to meet the standard of <br />pCHIOr mane specified in the Recitals of this Agreement. <br />18. NON-DISCRIMINATION <br />Contractor shall not discriminate because of race, color, creed, relation, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities or in connection with any activities under this Agreement_ <br />Contractor af3inns that it is an equal opportunity employer and shall comply with all applicable <br />federal, state and local laws and regulations. <br />19. 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 />deierrnined and governed by the laws of the State of Calilrrnia. Both parties further agree that <br />Orange County, Califonna, 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 />City Council 25 — 47 6/15/2021 <br />Page 7 of 8 <br />