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k <br /> to every other remedy given hereunder or now or hereafter existing by law or in <br /> equity or by statute or otherwise. No single or partial exercise by any party of any <br /> right, power, or remedy hereunder shall preclude any other or further exercise <br /> thereof. <br /> 12 . Lobbyist Certification. The COMPANY warrants that it has not employed or <br /> retained any company or person, other than a bona fide employee working solely for <br /> the 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 fide <br /> employee working solely for the COMPANY, any fee, commission, percentage, gift, <br /> or any other consideration contingent upon or resulting from the award or making of <br /> this Agreement. <br /> 13 . No Discrimination Certification. The COMPANY warrants and represents thatall of <br /> its 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 /> 14. 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 or <br /> misrepresentation in connection with any provisions of this Agreement, the <br /> successful or prevailing party or parties shall be entitled to recover reasonable <br /> attorney's fees, court costs and all expenses (including taxes) even if not taxable as <br /> court costs (including, without limitation, all such fees, costs and expenses incident <br /> to appeals), incurred in that action or proceeding, in addition to any other relief to <br /> which such parry or parties may be entitled. <br /> 15 . Enforceability. If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstances shall to any extent be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected, and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> The Company' s failure to maintain its job creation commitment or salary level <br /> commitment for any one year will result in the forfeiture of the Grant amount it was <br /> scheduled to receive for that year; however, such forfeiture will not preclude the <br /> Company ' s receipt of scheduled Grant amounts for those subsequent years in which <br /> it is able to maintain its job creation and salary level commitment. <br /> 16. Assignment. This Agreement may be assigned to any other persons or firm only <br /> upon obtaining the County ' s written approval . <br /> -5- <br />