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<br />5/05 <br /> <br />a. Each undcrsigned rcprcscnts and warrants that its signature hcrein below has thc powcr, <br />authority and right to bind thcir rcspective parties to cach ofthc tcrms of this Agrecmcnt, and shall <br />indcmnity CITY fully, including rcasonablc costs and attorney's fecs, for any injurics or damagcs to <br />CITY in thc cvent that such authority or powcr is not, in fact, hcld by the signatory or is withdrawn. <br /> <br />b. All Exhibits and Attachmcnts rcfcrenccd hcrcin and attached hercto shall be <br />incorporatcd as if fully sct forth in thc body of this Agrccmcnt. <br /> <br />c. No delay or omission by either party hcreto to excrcise any right or powcr accruing <br />upon any noncompliance or dcfault by the othcr party with respect to any of the tcrms of this <br />Agrecmcnt shall impair any such right or powcr or be construcd to be a waivcr thercof. A <br />waivcr by eithcr of the partics hcrcto of any of the covenants, conditions, or agreements to bc <br />pcrformed by the othcr shall not bc construcd to be a waiver of ~ny succeeding breach thereof <br />or of any othcr covcnant, condition or agrccment hcrcin contained. <br /> <br />15 <br />