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<br />orderly and expedient manner, all records and photo files prepared for or
<br />belonging to City. Notwithstanding expiration of the Agreement, City shall pay
<br />Contractor all amounts due and payable under this Agreement, and Contractor
<br />shall continue to provide the services, for violations occurring prior to the date of
<br />expiration or termination.
<br />4. Within sixty (60) days of termination or expiration of this Agreement, all
<br />equipment belonging to Contractor shall be removed, at its sole cost and expense,
<br />from public rights of way. Damaged infrastructure shall be repaired and all City
<br />property shall be restored to its original condition at Contractor's expense.
<br />Should Contractor fail to remove said equipment within 60 days after termination
<br />of this Agreement, City shall have the right to remove said equipment and bill
<br />Contractor for its removal.
<br />22. DISCRIMINATION
<br />Contractor shall not discriminate because of race, color, creed, religion, 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. Contractor affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />23. JURISDICTION -VENUE
<br />This Agreement and all questions relating to its validity, interpretation, performance, and
<br />enforcement shall be governed and construed in accordance with the laws of the State of
<br />California. This Agreement has been executed and delivered in the State of California and the
<br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
<br />shall be determined and governed by the laws of the State of California. Both parties further
<br />agree that Orange County, California, shall be the venue for any action or proceeding that may
<br />be brought or arise out of, in connection with or by reason of this Agreement.
<br />24. FORCE MAJEURE
<br />Neither party will be liable to the other or be deemed to be in breach of this Agreement for any
<br />failure or delay in rendering performance arising out of causes beyond its reasonable control and
<br />without its fault or negligence. Such causes may include but are not limited to, acts of God or
<br />the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine
<br />restrictions, strikes, freight embargoes, partial or entire failure of utilities, court ordered
<br />suspension of the Redflex System, governmental authorities approval delays which are not
<br />caused by any act or omission by Contractor, unusually severe weather or any other similar or
<br />different cause not reasonably within the control of Contractor. The party whose performance is
<br />affected agrees to notify the other promptly of the existence and nature of any delay.
<br />Should any intersection approach be non - operational by reason of force majeure, City shall not
<br />be liable for payment during such period and if such period is for a portion of a month, prorated
<br />compensation shall be made based upon a thirty (30) day month.
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