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convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
<br />content, or intent of this Agreement.
<br />3.5.14 Amendment; Modification. No supplement, modification, or amendment
<br />of this Agreement shall be binding unless executed in writing and signed by authorized
<br />representatives of both Parties.
<br />3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
<br />default or breach, whether of the same or other covenant or condition. No waiver, benefit,
<br />privilege, or service voluntarily given or performed by a Party shall give the other Party any
<br />contractual rights by custom, estoppel, or otherwise.
<br />3.5.16 No Third Party Beneficiaries. There are no intended third party
<br />beneficiaries of any right or obligation assumed by the Parties.
<br />3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
<br />invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
<br />provisions shall continue in full force and effect.
<br />3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
<br />employed nor retained any company or person, other than a bona fide employee working solely
<br />for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
<br />paid nor has it agreed to pay any company or person, other than a bona fide employee working
<br />solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
<br />contingent upon or resulting from the award or making of this Agreement. For breach or
<br />violation of this warranty, City shall have the right to rescind this Agreement without liability.
<br />For the term of this Agreement, no member, officer or employee of City, during the term of his
<br />or her service with City, shall have any direct interest in this Agreement, or obtain any present or
<br />anticipated material benefit arising therefrom.
<br />3.5.19 Equal Opportunity Emplo ent. Consultant represents that it is an equal
<br />opportunity employer and it shall not discriminate against any subcontractor, employee or
<br />applicant for employment because of race, religion, color, national origin, handicap, ancestry,
<br />sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
<br />initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
<br />or termination. Consultant shall also comply with all relevant state and federal laws related to
<br />this subject.
<br />3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
<br />is aware of the provisions of Section 3700 of the California Labor Code which require every
<br />employer to be insured against liability for Worker's Compensation or to undertake self-
<br />insurance in accordance with the provisions of that Code, and agrees to comply with such
<br />provisions before commencing the performance of the Services.
<br />3.5.21 Authority to Enter Agreement Consultant has all requisite power and
<br />authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
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