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<br />a. As a condition of such payment, the Executive Director may require Consultant to deliver
<br />to the City all work product completed as of such date, and in such case such work product shall be
<br />the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
<br />for such purposes as the City deems appropriate.
<br />
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
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<br />13. DISCRIMINATION
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<br />Consultant 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. Consultant affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
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<br />14. JURISDICTION - VENUE
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<br />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.
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<br />15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
<br />
<br />Consultant shall carry out all services pursuant to this Agreement in substantial conformity with
<br />all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
<br />United States, the State of California, the County of Orange, the City, and of any other political
<br />subdivision, agency, or instrumentality exercising jurisdiction over the City, including all
<br />applicable federal, state, and local occupation, safety and health laws, rules, regulations and
<br />standards, applicable state and labor standards, prevailing wage requirements, the City zoning
<br />and development standards, City permits and approvals, building, plumbing, mechanical and
<br />electrical codes, as they map apply, and all other provisions of the City and its Municipal Code
<br />(as they may apply), and all applicable disabled and handicapped access requirements, including,
<br />without the limitation, the Americans With Disability Act, 42 u.s.c. 9 12101 et seq.,
<br />Government Code 9 4450 et seq., and the Unruh Civil Rights Act, Civil Code 9 51 et seq.
<br />
<br />16. MISCELLANEOUS PROVISIONS
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<br />a. Each undersigned represents and warrants that its signature hereinbelow has the power,
<br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall
<br />indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or damages to
<br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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