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10. SANTA ANA and COSTA MESA do hereby waive all claims <br />and demands against each other for any loss, damage or injury of <br />any kind or character to any person or property, arising out of <br />design and construction of "Project", or arising from any act or <br />omission of both cities' respect of agents or employees, except to <br />the extent occasioned by the sole negligence or willful misconduct <br />of the parties or their agents or employees. <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />Agreement on the day and year first above written. <br />CITY OF COSTA MESA <br />Mayor osta Mesa <br />ATTEST: <br />of the City s-Ca- <br />Mesa <br />APPROVED AS TO FORM: <br />City Attorney of <br />e City of <br />Costa Mesa <br />Project Manager -of -the --City of <br />Costa Mesa <br />CITY OF SANTA ANA <br />Santa Ana <br />Ma or b- -'t F �e-- U'i T - - of <br />t Clerk of the i o Santa <br />na <br />APPROVED AS TO FORM: <br />city; y o e City of <br />Santa <br />3 <br />