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16. MISCELLANEOUS PROVISIONS <br /> <br /> a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br /> <br />Patricia E. Healy <br />Clerk of the Council <br /> <br />APPROVED AS TO FORM: <br /> <br />J~s~p'h Vt. Fletcher' - <br />City Attorney <br /> <br />David N. Ream <br />City Manager <br /> <br />RECOMMENDED FOR APPROVAL: <br /> <br />~inCn~eflc;k&SOa~°~e ament Services Agency <br /> <br />OPEX CORPORATION <br /> <br /> Winnie W. Chow <br /> <br /> <br />