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pT� <br />CITY OF SANTA ANA <br />of the services which are the subject to this Agreement performed by City personnel or by other Contractors <br />retained by City. <br />TERMINATION <br />The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. <br />This agreement may be terminated without cause by City upon thirty (30) days written notice <br />delivered to the Contractor either personally or by mail. Upon termination, City shall pay to <br />Contractor that portion of compensation specified in the Agreement that is earned and unpaid <br />prior to the effective date of termination. <br />2. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall <br />have the right to withhold all or a portion of Contractor's compensation for contract services if, <br />in the judgment of the Projects Manager or designee, falls below appropriate standards and/or <br />Contractor fails to satisfactorily perform contract services. <br />WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions <br />of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, <br />right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other <br />breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver <br />unless the writing so specifies. <br />JURISDICTION -VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, interpretation, <br />performance, and enforcement of any of the clauses of this Agreement shall be determined and governed <br />by the laws of the State of California. Both parties further agree that Orange County, California, shall be the <br />venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of <br />this Agreement. <br />II. PROFESSIONAL LICENSES <br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, <br />waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and <br />regulations of the United States, the State of California, the City of Santa Ana and all other governmental <br />agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such <br />permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br />Agreement. <br />III. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing and <br />shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage <br />prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the <br />following persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />COST OF SERVICE STUDY <br />29 <br />