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and governed by the laws of the State of California. Both parties further agree that Orange County, <br />California; shall be the venue for any action or proceeding that may be brought or arise out of, in <br />connection with or by reason of this Agreement. <br />1 ~. Exclusiv_i and Amendment of Agreement <br />This Agreement, along with any and all related exhibits and attachments. supersesies all other <br />agreements, either oral or written; between the parties hereto with respect to the retention of Vendor by <br />the City, and contains all the covenants between the parties with respect to such employment. Each party <br />to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party which are not embodied <br />herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and <br />signed by both the City and Vendor. <br />16. Miscellaneous Provision <br />a. Eacl-~ undersigned represents and warrants. that its signature. hereinbelow has the power, authority <br />and right to bind their respective parties to each of the teens of this Agreement, and shall indemnify City <br />fully, including reasonable costs and attorney's fees, for any injuries or damages to Ciry in the event that such <br />authority or power is not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto ;,,hail be incorporated as if fully set fbrth in the <br />body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />r AT'T'EST: <br />/ °'~- <br />~-~Y _ ~i _ <br />1 atrlCja %~` Healy ~` _-__-_~~ <br />Clerk of the Council <br />APPKOVED AS TO FORM: <br />Joseph W. Fletcher. City Attorney <br />~~ ti <br />La a Sh~edy <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />~~~.~,~ <br />r~ DAVID N. REAM <br />`~ ' City Manager <br />NEC UNIFIED SOLUTIONS, INC. <br />Q~~y ~o (N~~NTE) Edward F. Welch <br />~ ~ (Title)Vice President/Chief Financial Officer <br />1 ~ * Tax ID# 200665 7 <br />o ~ <br />~r~ Initials ~~` <br />~t Mane <br />Page 6 of 43 <br />