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17.5 No Third Party Beneficiaries. Nothing in this Agreement is intended to benefit <br />any person or entity other than the parties to this Agreement. <br />17.6 Litigation Expenses. If either party to this Agreement commences an action <br />against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing <br />party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and <br />costs of suit from the losing party. <br />17.7 Authority. The persons executing this Agreement on behalf of the parties hereto <br />represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement <br />on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions <br />of this Agreement. <br />17.8 Notices. Any notices, requests, or approvals given under this Agreement from one <br />party to another shall be in writing and shall be personally delivered or deposited with the United States <br />Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of <br />the other party as stated in this section, and shall be deemed to have been received at the time of personal <br />delivery or three (3) days after the deposit for mailing. Notices shall be sent to: <br />If to Petra: Petra Systems, Inc. <br />One Craigwood Road, Suite 303 <br />South Plainfield, NJ 07080 <br />If to City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />With Copy <br />to City at the <br />Same address: Executive Director of Public Works <br />17.9 Execution in Counterparts. This Agreement may be executed in several <br />counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, <br />notwithstanding that both parties are not signatories to the original or the same counterpart. <br />Pace 6 of 7 <br />25D-9 <br />