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20. MISCELLANEOUS PROVISIONS <br />a. 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, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any <br />injuries or damages to City in the event that such authority or power is not, in fact, held by <br />the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth <br />in the body of this Agreement. <br />C. In the event of any conflict or inconsistency between the terms and conditions in this <br />Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other <br />document relating to the transactions contemplated by this Agreement, the terms and <br />conditions set forth in this Agreement shall prevail. <br />d. This Agreement is the final and complete agreement and any prior or contemporaneous <br />agreement(s) for similar services between the parties is superseded by this Agreement. <br />21. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by fast class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />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 />With courtesy copies to: <br />Nabil Saba <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax:714-647-5635 <br />To Contractor: <br />Van Nguyen, President <br />California Professional Engineering, Inc. <br />