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the City's prior written consent shall be considered null and void. Nothing in this Agreement <br /> shall be construed to limit the City's ability to have any of the services which are the subject to <br /> this Agreement performed by City personnel or by other consultants retained by City. <br /> 11. TERMINATION <br /> This Agreement maybe terminated by the City upon thirty (30) days written notice of <br /> termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant <br /> compensation for all services performed by Consultant prior to receipt of such notice of termination, <br /> subject to the following conditions: <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 /> b. Payment need not be made for work which fails to meet the standard of performance <br /> specified in the Recitals of this Agreement. <br /> 12. DISCRIMINATION <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. <br /> 13. JURISDICTION -VENUE <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 /> <br /> be brought or arise out of, in connection with or by reason of this Agreement. <br /> 14. DELIVERY OF WORK PRODUCT <br /> Consultant shall deliver to City all work product resulting from the services provided. <br /> Said work product shall be submitted in hard copy and produced in a form compatible with <br /> City's computer system, as agreed between the Project Manager and Consultant. <br /> In regard to all copyrightable material produced as a deliverable under this Agreement, <br /> <br /> including but not limited to books, reports, plans, photographs and drawings, Consultant agrees <br /> for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) <br /> <br /> other such material may not be copyrighted without prior review from the City, and (b) the <br /> <br /> authors of all such material, whether copyrighted or not, award to the City, and to its officers, <br /> 4 <br /> <br />