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A-2022-249 <br />as otherwise required under federal law or regulation, the more stringent requirement shall <br />control. <br />21. NUSCELLANEOUS 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 authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. The Agreement is the final and complete agreement and any prior or <br />contemporaneous agreements for similar services between the parties is superseded <br />by this Agreement. This shall not apply where the Parties are currently engaged <br />and Consultant is providing services not contemplated by this Agreement <br />C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />d. The City agrees to the use of electronic methods to transmit and receive <br />information, including confidential information. Consultant shall not be <br />responsible or liable for any (i) service interruptions of or (ii) corruption or damages <br />(whether direct, indirect, consequential or otherwise) to the City's or third party's <br />information systems and the information and data contained therein, including but <br />not limited to denial of access, automatic shut -down of information systems caused <br />by or resulting from Consultant's performance of the Services, to the extent such <br />interruptions and damages were beyond its reasonable control upon exercise of <br />reasonable and customary security and other measures as customary in the industry. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />'e <br />N <br />s� <br />Clerk of the Council <br />CITY OF SANTA ANA <br />d�JV v� <br />Kristine Ridge <br />City Manager <br />[signatures continued on nextpage/ <br />Page 11 of 12 <br />