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c. Orange shall waive all costs and fees related to any and all permits, if such permits are <br /> required to perform any project related work within its jurisdiction. <br /> Vlll. COMPLETE AGREEMENT: <br /> a. This Agreement, including any attachments incorporated herein and made applicable by <br /> reference, constitutes the complete and exclusive statement of the terms and conditions <br /> of this Agreement between SANTA ANA, BREA, PLACENTIA, ANAHEIM, and ORANGE <br /> and it supersedes all prior representations, understandings and communications between <br /> the parties. The invalidity in whole or in part of any term or condition of this Agreement <br /> shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above <br /> referenced Recitals are true and correct and are incorporated by reference herein. <br /> b. Any modification of this Agreement shall only be by amendment upon written mutual <br /> consent of all cities. All modifications, amendments, changes and revisions of this <br /> Agreement in whole or in part, and from time to time, shall be binding upon the cities so <br /> long as the same shall be in writing and executed by each agency. <br /> c. A party's failure to insist on any instance(s) of any other party's performance of any term(s) <br /> or condition(s) of this Agreement shall not be construed as a waiver of the non-enforcing <br /> party's right to such performance or to future performance of such term(s)or condition(s), <br /> and the nonperforming party's obligation in respect thereto shall continue in full force and <br /> effect. Changes to any portion of this Agreement shall not be binding upon either party <br /> except when specifically confirmed in writing by way of a written amendment to this <br /> Agreement between the parties and issued in accordance with the provisions of this <br /> Agreement. <br /> IX. INSURANCE AND INDEMNIFICATION: <br /> a. Each city shall jointly and severally indemnify, defend and hold harmless every other city, <br /> it's officers, directors, employees and agents from and against any and all claims for any <br /> loss or damages, bodily injuries, damage to, or loss of property caused by the negligent <br /> acts, omissions or willful misconduct by that city, its officers, directors, employees or <br /> agents in connection with or arising out of the performance of this Agreement. <br /> b. Each city shall maintain adequate levels of insurance, or self-insurance to assure full <br /> indemnification of every other city. <br /> X. ADDITIONAL PROVISIONS: <br /> a. Term of Agreement: This Agreement shall commence on the date first written above and <br /> continue in full force and effect until December 31, 2030. This Agreement may be <br /> extended at the mutual consent of all parties in writing. <br /> b. SANTA ANA, BREA, PLACENTIA, ANAHEIM, and ORANGE hereto affirm that they are <br /> authorized to execute this Agreement on behalf of said parties and that, by so executing <br /> this agreement, the parties hereto are formally bound to the provisions of this Agreement. <br /> c. Severability: If any term, provision, covenant or condition of this Agreement is held to be <br /> invalid, void or otherwise unenforceable, to any extent, by any court of competent <br /> jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, <br /> 5 <br />