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B. Payment need not be made for work not performed as the result of termination <br /> of this Agreement. <br /> XII. DISCRIMINATION <br /> Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that <br /> it is an equal opportunity employer and shall comply with all federal, state and local <br /> laws and regulations. <br /> XIII. JURISDICTION -VENUE <br /> This Agreement has been executed and delivered in the State of California and the <br /> validity, interpretation, performance, and enforcement of any of the causes of this <br /> Agreement shall be determined and governed by the laws of the State of California. <br /> Both parties further agree that Alameda County, California, shall be the venue for any <br /> action or proceeding that may be brought or arising out of, in connection with or by <br /> reason of this Agreement. <br /> XIV. PROFESSIONAL LICENSE <br /> Consultant shall,to the term of this Agreement, maintain all necessary licenses, permits, <br /> 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, that City of Pleasanton and all other government 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 of this Agreement. <br /> XV. MISCELLANEOUS PROVISIONS <br /> A. Each undersigned represents and warrants that it signature herein below has the <br /> power, authority and right to bind their respective parties to each of the terms <br /> of this Agreement, and shall indemnify City fully, including reasonable costs and <br /> 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 authority or power is not, in fact, held by the signatory ors withdrawn. <br /> B. All Exhibits referenced herein and attached thereto shall be incorporated as if <br /> fully set forth in the body of this Agreement. <br /> 10 <br /> ACMS Initial <br />