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services hereunder and required by the laws and regulations of the United States, the <br />State of California, the City of Santa Ana and all other governmental agencies. <br />Consultant shall notify the City immediately and in writing of her inability to obtain or <br />maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall <br />be cause for termination of this Agreement. <br />16. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and wan -ants that its signature herembelow has the <br />power, authority and right to bind their respective parties to each of the terns of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, <br />for any injuries or damages to City in the event that such authority or power is not, in fact, <br />held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />c. The parties hereto agree that Consultant's completion of the tasks in <br />compliance with the Project Schedule is a material tern of this Agreement. Consultant's <br />failure to perform on time shall be cause for termination of this Agreement. <br />d. This Agreement shall replace Consultant Agreement #A2000-176, which will <br />be terminated upon execution of this Agreement. All work completed pursuant to said <br />Agreement shall be paid from funds allocated under said Agreement. <br />