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A-2023-186 (11) By signing this Agreement, Contractor is: (a) requesting Owner to stake payment of retention earnings directly to Escrow Agent, (b) choosing not to deposit securities as a substitute for retendott earnings, and (c) agreeing not to direct the investment of payments of retention earnings into securities. The parties understand if Contractor desires to change any of the foregoing, the escrow will need to be transferred to a different escrow agent. (12)This Agreement may be executed in any number of counterparts, and by the different parties in separate counterparts, each of which when so executed and delivered shall be an original. The executed signature page(s) - from each counterpart may be joined together with and attached as one such original and shall constitute one and the same instrument. This Agreement, to the extent signed and delivered by electronic means, shall be treated in all manner and respects as an original agreement and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. Both Parties agree that an electronic copy of this Agreement shall be deemed to be an original of this Agreement for all purposes. The Parties also agree that notice for all purposes trader this Agreement may be made by electronic communications to the email addresses contained in this Agreement, or as updated by an applicable Party. At the time the escrow account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer on the date first set forth above. City of Santa Ana Steven A. Mendoza Title: Acting City Manager Name: Signature: 20 Civic Center Plaza, Santa Ana, CA 9270IUV Approved as to Form: Jose Montoya Assistant City Attorney ti. J. Noble Company Title: Secretary Name: Steve Mendoza Simature: &i�,//AX- 15505 E. Lincoln, j& , OVKge, CA 92865 V�qwwnlqnwqw--�- 'ITY CLERK �'� Escrow Agreement — revised 312012019 page 3 of 3