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written "Change Order" is first given by the Contract Officer to the CONSULTANT, <br />incorporating therein any material adjustment in the contract, which said adjustments are subject <br />to the written approval of the CONSULTANT. <br />21. PROFESSIONAL LICENSES <br />CONSULTANT shall, throughout the term of this Agreement, maintain all necessary <br />licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services <br />hereunder and required by the laws and regulations of the United States, the State of California, <br />the City of Santa Ana and all other governmental agencies. CONSULTANT shall notify the <br />CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, <br />approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br />Agreement. <br />22. 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 <br />authority or power is not, in fact, held by the signatory or is withdrawn.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 />C. Whenever the terms of these Recitals conflict with terms of any Exhibit <br />incorporated herein by reference, then the terms and intent of these Recitals shall <br />prevail and be controlling. <br />d. The said Agreement must be signed below and may be signed in counterpart and <br />delivered by fax, emailed as a PDF (Portable Document Format) file attachment, <br />or by other means that displays the original or a copy of the signatures. Any <br />subsequent amendments may be signed and delivered in the same manner. <br />23. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To CITY: <br />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 />Fax: 714-647-6956 <br />#15078v4 <br />25B-13 <br />