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(9) <br />EXHIBIT 3 <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 specified in <br />the Recitals of this Agreement. <br />16. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions <br />of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right <br />or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, <br />failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing <br />so specifies. <br />17. JURISDICTION -VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, interpretation, <br />performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the <br />laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any <br />action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br />18. PROFESSIONAL LICENSES <br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, <br />approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws <br />and regulations of the United States, the State of California, the City of Santa Ana and all other governmental <br />agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, <br />licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br />19. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing <br />and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage <br />prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following <br />persons: <br />To City: <br />City Clerk <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714- 647-6956 <br />With courtesy copies to: <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Consultant: <br />First & Last Name, —Title <br />Consultant Firm Name <br />Address <br />