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I. Consultant will comply, and all its contractors (or subrecipients) will comply, with all <br />requirements of the Energy Policy and Conservation Act (Pub. L.. 94-163, 89 Stat. 871), (53 FR 8078, <br />8087, Mar. 1 1, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. <br />m. Consultant, and all of its contractors (or subrecipients), shall retain all required records <br />for three years after grantees or subgrantees make final payments and all other pending matters <br />are closed. <br />18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully. including reasonable costs and attorney's fees, for any injuries or damages to City <br />in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth <br />in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above vvrittcn. <br />AT' IJ :ST: <br />CITY OF SANTA ANA <br /> <br />MARIA HUIZAR <br />Clerk ofthe Council <br />APPROVED AS TO FORM: <br />OFFICL: OF 'I'IL CITY ATTORNEY <br />eE ESA JUDDAssistant City A ney <br />PAU.:L M. WALTERS <br />Interim City Manager <br />WESTBOUND COMMUNICATIONS, INC. <br />RICK NlIf.-I"FNBFRGI.'.'R <br />Senior Vice President <br />25A-10