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Agreement perfonned by City pca-sonncl or by other Consultants retained by City. <br />16. WAIVER <br />No waiver of breach, failure of any condilion, or any right or remedy eonlained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the patty waiving the breach, failure, right or remedy. No waiver of any breach, failu c or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />17. 'IERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of <br />termination. In such event, Consultant shal I be entitled to receive and the City steal I pay Consultant <br />compensation Ibr all services perl'ornned by Consutanl prior to receipt of such notice of <br />termination, subject to the lirllowing conditions: <br />a. As a condition of such payment, the Lxecutive Director may require Consultant 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 />Consultant conscnu to the City's use Ihcrcol' liar such purposes as the City deems <br />appropriate. <br />b. Payment need not be inade for work which (ails to meet the standard of <br />perlimnance specilied in the Recitals ol'this Agreement- <br />18. NON-DISCRIMINATION <br />Consultant shall not discriminate because oft ace, color, creed, relation, 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, LIJULatiolt, protnotiotl, termination or other <br />employment related activities or in connection with any activities under this Agreement. <br />Consiltant nftirnrs that it it an equal opportunity employe' and shall comply with full applicable <br />federal, state and local laws and regulations. <br />19. .I 11RISDICTION-VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, perlimnance, and cnlin-ecnnent 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 Connt-y, California, shall be the venue for any action or proceeding than may be brought or <br />arise out of, in connection with or by reason of this Agreement. <br />20. PROFESSIONAL LICENSES <br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, <br />City Council 21 — 255 7/6/2021 <br />