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16. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has <br />the power, authority and right to bind their respective parties to each of the <br />terms of this Agreement, and shall indemnify City fully, including reasonable <br />costs and attorney's fees, for any injuries or damages to City in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn.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 />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: <br />Patricia E. Heaiy <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, City Attorney <br />Lisa Storck, Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />.. <br />Stephe>~Hardi g <br />ACE -American Center for Education <br />reger <br />employer IDlIn ~vidual SS / <br />Deputy City Manger for Development Services <br />