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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 standazd of performance <br /> specified in the Recitals of this Agreement. <br /> 13. DISCRIMINATION <br /> Consultant shall not discriminate because of race, color, creed, religion, sex, mazital <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 /> 14. 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 Califomia. 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 /> 15. PROFESSIONAL LICENSES <br /> Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, <br /> <br /> permits, approvals, waivers, and exemptions necessazy for the provision of the services <br /> <br /> hereunder and required by the laws and regulations of the United States, the State of Califomia, <br /> <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 /> <br /> waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br /> 16. MISCELLANEOUS PROVISIONS <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. <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br /> forth in the body of this Agreement. <br /> 6 <br /> <br />