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and; <br />Federal contract provisions attached hereto as Exhibit D and fully incorporated <br />herein by this reference. <br />Subcontracts, if any, shall contain a provision making them subject to all of the <br />provisions stipulated in this Agreement. With respect to any conflict between such federal <br />requirements and the terms of this Agreement and/or the provisions of state law and except as <br />otherwise required under federal law or regulation, the more stringent requirement shall control. <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 authority <br />or power is not, in fact, held by the signatory or is withdrawn.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 />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: <br />N <br />�- I Jennifer L. Hall <br />�` City Clerk <br />APPROVED AS TO FORM <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Jonathan T. Mar6ez <br />Assistant City Attorney <br />RECOMME DED FOR APPROVAL <br />Nabil Saba, P.E. <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />stine Ridge <br />City Manager <br />CONSULTANT <br />Kim S.Rhodes <br />Vice President, Principal in Charge <br />Page 10 of 10 <br />1 1'v[Y-l��I.ILZ <br />