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13. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the <br />power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to Agency in the event that such authority or power is not, <br />in fact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />c. No delay or omission by either party hereto to exercise any right or power <br />accruing upon any noncompliance or default by the other party with respect to any of the <br />terms of this Agreement shall impair any such right or power or be construed to be a <br />waiver thereof. A waiver by either of the parties hereto of any of the covenants, <br />conditions, or agreements to be performed by the other shall not be construed to be a <br />waiver of any succeeding breach thereof or of any other covenant, condition or agreement <br />herein contained. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and <br />year first above written. <br />ATTEST: <br />MARIA D. HUIZAR <br />City Clerk <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />By: <br />Laura Sheedy <br />Assistant City Attorney <br />OC CHILDREN'S <br />THERAPEUTIC ARTS CENTER <br />Dr. Ana Jimenex-Hami <br />Founder -Executive Director <br />Tax ID: <br />25J-9 <br />