|
13. DISCRIMINATION
<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,
<br />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 validity,
<br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
<br />and governed by the laws of the State of California. Both parties farther agree that Orange County,
<br />California, shall be the venue for any action or proceeding that may be brought or arise out of, in
<br />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, permits,
<br />approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
<br />the 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 its inability to
<br />obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
<br />cause for termination of this Agreement.
<br />Consultant represents that the services, findings, recommendations and /or advice provided to City will be
<br />prepared, performed, and rendered in accordance with procedures, protocols and practices ordinarily
<br />exercised by professional's in Consultant's profession for use in similar assignments, and prepared under
<br />similar conditions at the same time and locality. City acknowledges and agrees that Consultant has made
<br />no other implied or expressed representation, warranty or condition with respect to the services, findings,
<br />recommendations or advice to be provided by Consultant pursuant to this agreement.
<br />16. MISCELLANEOUS PROVISIONS
<br />a. Each undersigned represents and warrants that its signature herembelow has the power, authority
<br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
<br />fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
<br />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 forth in the
<br />body of this Agreement.
<br />c. Throughout the initial Term of this Agreement, any renewals thereof and for the twelve (12)-
<br />month period following the expiration or earlier termination of this Agreement, neither party shall directly
<br />or indirectly induce or solicit any employee of the other party to leave. Neither party shall directly or
<br />indirectly hire or attempt to hire an employee or future employee of the other party for the time period set
<br />forth herein.
<br />d. If the performance of this Agreement or of any obligation hereunder, except payment of
<br />monies due, is prevented, restricted or interfered with by reason of fire, or other casualty or accident;
<br />
|