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<br />City of Santa Ana RFP 22-009A <br />Page 28 <br /> <br />accruing upon any noncompliance or default by the other party with respect to any of the terms of this <br />Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by <br />either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the <br />other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, <br />condition or agreement herein contained. <br /> <br />O. Federal Award Identification Information. CONTRACTOR’s pertinent Federal Award <br />Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), <br />as well as the applicable information for ARPA, are included in Exhibit C attached hereto and <br />incorporated herein by this reference. <br /> <br />P. Miscellaneous Provisions. <br /> <br />1. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to CITY <br />in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated <br />as if fully set forth in the body of this Agreement. <br /> <br />3. This Agreement must be signed below and may be signed in counterpart and delivered <br />by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the <br />original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the <br />same manner. <br /> <br /> <br />{Signatures on following page} <br /> <br /> <br />City Council 17 –31 3/1/2022