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under this Agreement shall not operate as a waiver thereof, nor shall any single or partial <br />exercise of any such power, right or privilege preclude any further exercise thereof. <br />11.16 Cumulative rights and remedies. No right or remedy conferred by any of <br />the specific provisions of this agreement is intended to be exclusive of any other right or <br />remedy given hereunder or hereafter existing at law or in equity. The exercise of any one <br />or more rights or the election of any one or more remedies by any party shall not <br />constitute a waiver of the right to exercise other available rights or pursue other available <br />remedies. In the event suit is brought by either parry to enforce the terms and provisions <br />of this Agreement or to secure the performance hereof, each party shall bear its own <br />attorney's fees. <br />11.17 Conflict of Interest. Concessionaire covenants that it presently has no <br />interests and shall not have interests, direct or indirect, which would conflict in any <br />manner with performance of services specified under this Agreement. <br />11.18 Non -Recording. Neither parry shall record this Agreement. <br />11.19 Authorization Warranty. Concessionaire represents and warrants that the <br />signatory to this Agreement is fully authorized to obligate Concessionaire hereunder and <br />that all corporate acts necessary to the execution of this Agreement have been <br />accomplished. <br />IN WITNESS WHEREOF, the parties hereto have caused this Concessionaire <br />Agreement to be executed by and through their authorized officers the day, month and <br />year first written above. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />Aa -t u � • L�'u'w <br />By: Laura A. Rossini <br />Senior Assistant City Attorney <br />CITY OF SANTA ANA <br />Raul Godinez, II. <br />City Manager <br />[Signatures continue on next page] <br />17 <br />25A-19 <br />