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is covered by this Agreement. The foregoing obligations of non -use and
<br />nondisclosure shall not apply to any information that (a) has been disclosed in
<br />publicly available sources; (b) is, through no fault of the Consultant disclosed in a
<br />publicly available source; (c) is in rightful possession of the Consultant without an
<br />obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
<br />is independently developed by the Consultant without reference to information
<br />disclosed by the City.
<br />7. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is in writing
<br />and signed by the party waiving the breach, failure, right or remedy, No waiver of any
<br />breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure,
<br />right or remedy, whether or not similar, nor shall any waiver constitute a
<br />continuing waiver unless the writing so specifies,
<br />8. PROFESSIONAL LICENSES
<br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services
<br />hereunder and required by the laws and regulations of the United States, the State of
<br />California, the City of Santa Ana and all other governmental agencies, Consultant shall
<br />notify the City immediately and in writing of its inability to obtain or maintain such
<br />permits, Incenses, approvals, waivers, and exemptions, Said inability shall be cause for
<br />termination ofthis Agreement.
<br />9. NON - DISCRIMINA'T'ION
<br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection, training, utilization,
<br />promotion, termination or other employment related activities or in connection with
<br />any activities under this Agreement. Consultant affirms that it is an equal
<br />opportunity employer and shall comply with all applicable federal, state and local
<br />laws and regulations.
<br />10, CONFLICT OFINTEREST CLAUSE
<br />Consultant covenants that it presently has no interest and shall not have interests, direct
<br />or indirect, which would conflict in any manner with performance of services.
<br />11. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance
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