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and required by the laws and regulations of the United States, the State of California, the City of <br />Santa And and all other governmental agencies. Consultant shall notify the City immediately and <br />in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and <br />exemptions. Said inability shall be cause for termination of this Agreement. <br />21. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact,.held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />Norma Mitre <br />Acting Clerk of the Council <br />APPROVED AS TO.. FORM <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Jfn M. Funk <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL <br />Fuad S. Sweiss, PE, PLS <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />Steven A. Mendoza <br />Acting City Manager <br />CONSULTANT <br />me: a Pennington <br />Title: President & CEO <br />Page 8 of 8 <br />2 a e of 69_ <br />11 <br />