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fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time <br />set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />21. 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the signatory or is withdrawn.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 />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br />ATTEST: <br />CITY OF SANTA ANA <br />Je a 1 Kristine Ridge <br />Cle of th cii City Manager <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />B Salvatierra <br />Deputy City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Nabil Saba <br />Executive Director <br />Public Works Agency <br />PALP, INC., DBA EXCEL PAVING CO. <br />s P. Brown III <br />resident <br />