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immediately and in writing of her inability to obtain or maintain such permits, licenses, <br />approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br />Agreement. <br />16. MISCELLANEOUS PROVISIONS <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 tally, 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City in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. <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 />IN WI"I'NESS WHEREOF, the parties hereto have executed this Amended and Restated <br />Agreement the date and year first above written. <br />ATTEST: <br />~~"~L~4tiC• F <br />PATRICIA E. HEALY <br />Clerk of the Council <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W.FLETCHER <br />City Attorney <br />~, <br />By: ~ _ ~,~: ,_ <br />Latitra Sheedy <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />GERARDO MOU1~T <br />Executive Director f the Parks, <br />Recreation and C <br />Services Agency <br />CONSULTANT <br />LARRY MULLEN <br />President <br />5 <br />Tax ID# ~>> -~~ ~ ~ ~~`f <br />