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any other remedy, and each and every such remedy shall be cumulative and shall <br /> be in addition to every other remedy given hereunder or now or hereafter existing <br /> by law or in equity or by statute or otherwise. No single or partial exercise by any <br /> party of any right, power, or remedy hereunder shall preclude any other or further <br /> exercise thereof. Parties hereby waive their right for a jury trial. <br /> 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained <br /> any company or person, other than a bona fide employee working solely for <br /> COMPANY, to solicit or secure this Agreement and that it has not paid or agreed <br /> to pay any person, company, corporation, individual, or firm, other than a bona <br /> fide employee working solely for COMPANY, any fee, commission, percentage, <br /> gift, or any other consideration contingent upon or resulting from the award or <br /> making of this Agreement. <br /> 11. No Discrimination Certification. COMPANY warrants and represents that all of its <br /> employees are treated equally during employment without regard to race, color, <br /> religion, disability, sex, age, national origin, ancestry, marital status, or sexual <br /> orientation. <br /> 12. Attorneys Fees. If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement, or because of an alleged dispute, breach, default <br /> or misrepresentation in connection with any provisions of this Agreement, each <br /> party shall bear its own costs. <br /> 13. Enforceability. If any term or provision of this Agreement, or the application <br /> thereof to any person or circumstances, shall to any extent be held invalid or <br /> unenforceable, the remainder of this Agreement, or the application of such terms <br /> or provision, to persons or circumstances other than those as to which it is held <br /> invalid or unenforceable, shall not be affected, and every other term and provision <br /> of this Agreement shall be deemed valid and enforceable to the extent permitted <br /> by law. The COMPANY's failure to maintain its job creation commitment or annual <br /> wage level commitment for any one year will result in the decrease of the Grant <br /> amount it was scheduled to receive for that year; however, such decrease will not <br /> preclude the COMPANY's receipt of scheduled Grant amounts for those <br /> subsequent years in which it is able to maintain its job creation and wage level <br /> commitment. <br /> 14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein (the <br /> foregoing herein collectively "Transfer"), without the express prior written <br /> consent of the Planning and Development Services Director. The Planning and <br /> Development Services Director shall not unreasonably withhold its consent to any <br /> Transfer. Any such attempted Transfer without the express prior written Planning <br /> and Development Services Director's consent shall be null and void and may, at <br /> the option of the County Planning and Development Services Director, be deemed <br /> -8- <br />