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4.7 Nondiscrimination. During the performance of this Agreement, Consultant shall <br />not discriminate on the grounds of race, color, national origin, sex, sexual orientation or <br />disability, or any condition related thereto in the selection and retention of employees and sub - <br />consultants and the procurement of materials and equipment. <br />4.8 Ownership of Documents. The reports, drawing, maps and other documents <br />prepared under this Agreement by Consultant shall be and remain the property of City upon <br />completion and acceptance of Consultant's Services or, to the extent then -prepared by <br />Consultant, upon any earlier termination of this Agreement. <br />4.9 Attorneys` Fees. In the event any action is commenced to enforce or interpret the <br />terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and <br />other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use <br />of in-house counsel. <br />4.10 Entire Agreement. This Agreement supersedes any and all other agreements, <br />either verbal or in writing, between the Parties hereto with respect to the matters contained <br />herein. Each Party to this Agreement acknowledges and agrees that no representations, <br />inducements, promises or agreements, verbal or otherwise, have been made by any Party, or <br />anyone acting on behalf of any Party, which are not embodied herein, and that no other <br />agreement, stipulation or promise not contained in this Agreement shall be valid or binding on <br />either Party. <br />4.11 Books and Records. Consultant shall maintain books and accounts of all Project <br />related costs and all expenses. Books shall be available at all reasonable times for examination <br />by City at the office of Consultant. <br />4.12 Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of California. <br />4.13 No Third Parties Beneficiaries. This Agreement shall not be deemed to confer <br />any rights upon any third parties as beneficiaries of this Agreement (including, but not limited to, <br />the developer of the Project), nor obligate either of the Parties to this Agreement to any person or <br />entity not a Party to this Agreement. <br />4.14 Venue. In the event that any legal action should be filed by either party against <br />the other, the venue and forum for such action shall be the Superior Court of the State of <br />California for the County of San Bernardino or in the Federal District Court for the Central <br />District of the State of California. Each of the persons and entities who are shareholders or <br />partners of Consultant also agree to this venue and forum and further agree that, if they are not <br />residents of California at the time of such actions, service of process may be made on them by <br />delivery via United States registered or certified mail. <br />4 <br />Agreement —Environmental Consulting Services — Safety HalI Project 1/1612018 <br />