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agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br />8. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terns of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.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 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 />Vh""A <br />�y PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHI fF <br />City Attorney <br />RECOMMENDED FOR <br />GERARDO MOUE)I' <br />Executive Director bf the <br />Parks, Recreation & Community <br />Services Agency <br />CITY OF SANTA ANNA <br />aA9---- <br />DAVID N. REAM <br />City Manager <br />THE ACTIVE NETWORK, INC. <br />AL: 1-2 <br />Alex Barre on <br />Senior Vice President <br />Tax ID# FEIN 33- 0884962 <br />