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1. 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, 1 9645, 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 />U. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth <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in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />first above written. <br />in the body of this Agreement. <br />PAUL <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />ATTEST: <br />MARIA HUIZAR <br />Clerk of the Council Interim <br />AS TO FORM: <br />CITY OF SANTA ANA <br />W, <br />M. WAL ERS <br />City Manager <br />OFFICE OF THE CITY ATTORNEY WESTBOUND COMMUNICATIONS, INC. <br />SA JUDD ICK MILTENBERGER <br />Assistant City A ney Senior Vicc President