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20 Civic Center Plaza (M-25) <br /> P.O. BOX 1988 <br /> Santa Ana, California 92702-1988 <br /> telefacsimile (714) 647-6549 <br /> <br /> City Attorney <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> telefacsimile (714) 647-6515 <br /> <br /> To Contractor: <br /> SimplexGrinnell <br /> 1701 W. Sequoia Ave. <br /> Orange, CA 92868 <br /> (714) 870-1010 (x636) <br /> 13. 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 terms of this Agreement, and shall <br /> indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages <br /> to Agency in the event that such authority or power is not, in fact, held by the signatory or is <br /> withdrawn.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 /> c. No delay or omission by either party hereto to exercise any right or power accruing <br /> upon any noncompliance or default by the other party with respect to any of the terms of this <br /> Agreement shall impair any such right or power or be construed to be a waiver thereof. A <br /> waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be <br /> performed by the other shall not be construed to be a waiver of any succeeding breach thereof <br /> or of any other covenant, condition or agreement herein contained. <br /> 9 Exhibit 1 <br /> 25C-11 <br /> <br />