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7.
<br />9.
<br />10,
<br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is
<br />independently developed by the Consultant without reference to information disclosed
<br />by the City.
<br />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 runless it is in writing and
<br />sighed by the party waiving the breach, failure, right or remedy, No waiver of any breach,
<br />failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or
<br />remedy, whether or not similar, nor shall any waiver constitute a continuing waiver
<br />unless the writing so specifies.
<br />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 ofSanta 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, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
<br />termination ofthis Agreement.
<br />NON-DISCRIMINATION
<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 any
<br />activities under this Agreement. Consultant affirms that it is an equal opportunity
<br />employer and shall comply with all applicable federal, state and local laws and
<br />regulations.
<br />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 anymamnor 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
<br />as described below:
<br />a. ComrnercialGeneral Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not
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