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16. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify the other party fully, including reasonable costs and attorney's fees for any <br />injuries or damages to a party in the event that such authority or power is not, in fact, held by the <br />signatory or is withdrawn.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 WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: <br />CTTY OF SANTA ANA <br />~ ~_ ~ ~ ~ <br />'PATRICI.~ E. HEALY DAVID N. RE I <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W.FLETCHER <br />City Attorney <br />By: <br />La eedy <br />Assistant City Atto ney <br />GERARDO MOL~ET <br />Executive Directo of Parks, <br />Recreation and Community Services <br />AL: CONSULTANT <br />~~ <br />A ORCUC~ -HERON <br />artner ~ S 3~ ~ ~~ ~ 3 <br />Tax ID# <br />