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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 ofrace, 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.
<br />
<br />15. PROFESSIONAL LICENSES
<br />
<br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services
<br />hereunder and required by the laws and regulations of the United States, the State of California,
<br />the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
<br />immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
<br />waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
<br />
<br />16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
<br />
<br />Consultant shall carry out all services pursuant to this Agreement in substantial
<br />conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and
<br />decrees of the United States, the State of California, the County of Orange, the City and any
<br />other political subdivision, agency or instrumentality exercising jurisdiction, including all
<br />applicable federal, state and local occupation, safety and health laws, rules, regulations and
<br />standards, applicable state and federal labor standards, prevailing wage requirements, City
<br />zoning and development standards, City permits and approvals, building, plumbing, mechanical
<br />and electrical codes, as they may apply, and any all other provisions of the City and its
<br />Municipal Code (as they may apply), and all applicable disabled and handicapped access
<br />requirements, including, without limitation the Americans With Disabilities Act, 42 U.S.c.
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