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in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the right to pursue any one or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br />(c) Counterparts. This Agreement may be executed in two (2) or more <br />cow~terparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br />(d) Non-Liability of Public Officials. No officer, employee, member, agent or <br />rep-•esentative of the City shall be personally liable to EARTHTEK, or any successor in interest, <br />in the event of any default or breach by the City, or for any amount which may become due to <br />EARTHTEK or its successor, or for any breach of any obligation of the terms of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have entered into this Agreement <br />as of the date first set forth above. <br />CITY OF SANTA ANA <br />PATRICIA E. HEAD <br />Clerk of the Council <br />DAV[D N. R M <br />City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />~_. <br />Laura Sheedy <br />Assistant City Attorney <br />APPROVED AS TO CONTENT: <br />FRANCISCO GUTIERREZ <br />Executive Director- FMSA <br />THTEK INTERNATIONAL <br /> <br />(N,~,PGt E) <br />(Title) /, <br />~,~ S rCC~ <br />