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EXHIBIT 3 <br />18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its <br />signature herein below has the power, authority and right to bind their respective parties to each of <br />the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held <br />by the signatory or is withdrawn. <br />19. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, <br />secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. <br />Photocopies of any executed counterpart shall have the same force and effect as an original. <br />20. NO GUARANTEES City understands and acknowledges that there are certain risks and <br />uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not <br />an exact science, that Attorneys have made no representations or guarantees of success regarding <br />the conclusion of any particular matter, and that all expressions relative thereto are matters of <br />Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of <br />success regarding any matter. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first <br />above written. <br />ATTEST <br />Daisy Gomez <br />Clerk of the Council <br />RECOMMENDED FOR APPROVAL <br />Kathryn Downs, Executive Director <br />Finance and Management Services <br />Agency <br />APPROVED AS TO FORM <br />Jo6A M. Funk <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />Kristine Ridge <br />City Manager <br />BEST BEST & KRIEGER LLP <br />m A. Byrens <br />Partner <br />25B-25 <br />