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<br /> <br /> <br /> <br /> 12/09 <br /> 24. Merger. This Agreement, together with the attachments hereto, expresses the total understanding of the <br /> parties. There are no oral understandings of the parties or terms and conditions other than as stated <br /> herein. <br /> 25. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect <br /> the validity of any other provision of this Agreement. <br /> 26_ Miscellaneous Provisions. <br /> a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and <br /> right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, <br /> including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such <br /> authority or power is not, in fact, held by the signatory or is withdrawn. <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body <br /> of this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 6 <br />