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(11)By signing this Agreement, Contractor is: (a)requesting Owner to make payment of retention earnings directly to Escrow <br /> Agent, (b) choosing not to deposit securities as a substitute for retention earnings, and (c) agreeing not to direct the <br /> investment of payments of retention earnings into securities. The parties understand if Contractor desires to change any <br /> of the foregoing,the escrow will need to be transferred to a different escrow agent. <br /> (12)This Agreement may be executed in any number of counterparts,and by the different parties in separate counterparts,each of <br /> which when so executed and delivered shall be an original. The executed signature page(s) from each counterpart may be <br /> joined together with and attached as one such original and shall constitute one and the same instrument.This Agreement,to <br /> the extent signed and delivered by electronic means,shall be treated in all manner and respects as an original agreement and <br /> shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. <br /> Both Parties agree that an electronic copy of this Agreement shall be deemed to be an original of this Agreement for all <br /> purposes. The Parties also agree that notice for all purposes under this Agreement may be made by electronic <br /> communications to the email addresses contained in this Agreement,or as updated by an applicable Party. <br /> At the time the escrow account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of <br /> this Agreement. <br /> IN WITNESS WHEREOF,the parties have executed this Agreement by their proper officer on the date first set forth above. <br /> City of Santa Ann Los Angeles Engineering,Inc. <br /> Title: City Manager Title: Vice President <br /> Name: Alvaro Nu Name: Aaron 'Brien <br /> Signature: Signature: <br /> 20 Civic Center Plaza,Santa Ana,CA 2701 633 N.Barranca Av , ovina,CA 91723 <br /> RECOMMEND FOR APPROVAL ATTEST: <br /> City of Santa Ana City of Santa Ana <br /> Signature. Signature i0:4110=11, - Sri <br /> Rodolfo o as,PE,A- g Executive Director Jennifer <br /> Public Works Agency <br /> APPROVED AS TO FORM: <br /> SONIA R.CARVALHO,City Attorney City of Santa Ana <br /> It--: ' /4 ; `� Signature: Alexander Trinidad(J un 2,2026 09:08:45 PDT)Signature: / /(. <br /> Kyle Nellesen,Assistant City Attorney Alexander Trinidad;Executive Director J/ TA- <br /> Finance&Management Services Agency <br />