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k. Consultant will comply, and all its contractors (or subrecipients) will comply, with <br />all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act <br />(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order <br />11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. <br />1. Consultant will comply, and all its contractors (or subrecipients) will comply, with <br />all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 <br />FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. <br />in. Consultant, and all of its contractors (or subrecipients), shall retain all required <br />records for three years after grantees or subgrantees make final payments and all other pending <br />matters are closed. <br />18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br />damages to City in the event that such authority or power is not, in fact, held by the signatory or <br />is withdrawn.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 />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date <br />and year first above written. <br />CITY OF SANTA ANA, a municipal <br />Corporation of the State of California <br />ATTEST: <br />1 t"? mac? <br />MARIA D. HUIZAR <br />Clerk of the Council <br />I <br />PAUL M. WALTERS <br />Interim City Manager <br />APPROVED AS TO FORM: <br />B- <br />Teresa L. Judd <br />Assistant City Attorney <br />THINKOPS CONSULTING, INC. <br />JI LE TZ <br />President <br />8