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<br />16. DISCRIMINATION <br /> <br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br />recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br />Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state <br />and local laws and regulations. <br /> <br />17. JURISDICTION - VENUE <br /> <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any ofthe clauses of this Agreement shall be determ ined and <br />governed by the laws of the State of California. Both parties further agree that Orange County, California, <br />shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by <br />reason of this Agreement. <br /> <br />18. PROFESSIONAL LICENSES <br /> <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 <br />laws and regulations of the United States, the State of California, the City of Santa Ana and all other <br />governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain <br />or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for <br />termination of this Agreement. <br /> <br />19. MISCELLANEOUS PROVISIONS <br /> <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and <br />right to bind their respective parties to each of the terms ofthis Agreement, and shall indemnify City fully, <br />including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience <br />only and are not to be considered in construing this Agreement. <br /> <br />c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body <br />of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br /> <br />CITY OF SANTA ANA <br /> <br />ATTEST: <br /> <br />~ <br /> <br />PAUL M. WALTERS <br />Interim City Manager <br /> <br /> <br />SoftMasterl 0/1 0/11 <br />