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"Any disputes, differences, or any other type of controversy arising out of or in <br />connection to this Agreement, shall be resolved by arbitration in Orange County, <br />Califomia, pursuant to the commercial rules then obtaining of the American <br />Arbitration Association. Any dispute, controversy, action, claim, cause of action or <br />proceeding arising under, out of, or in connection with the terms of this Agreement as <br />Amended, commenced by or against any of the parties shall be deemed to have <br />arisen form a transaction of business in Califomia, and shalt be resolved by <br />application of the substantive laws of the State of California." <br />3. Anew Section 17, INDEMNIFICATION, shall be added to this Agreement which shall <br />read, in full as follows: <br />"INDEMNIFICATION. PEI agrees to and shall indemnify and hold harmless the City <br />of Santa Ana, its officers, agents, employees, and representatives from liability: (1) <br />for personal injury, damages, just compensation, restitution, judicial or equitable <br />relief arising out of claims for personal Injury, including death, and claims for property <br />damage, which may arise from the negligence or willful misconduct of the Consultant <br />or its contractors, subcontractors, agents, employees, or other persons acting on <br />their behalf, in the performance of this Agreement_° <br />4. Anew Section 18, EXECUTION, shall be added to this Agreement to read in full as <br />follows: <br />°EXECUTION OF AGREEMENT. The parties agree that facsimile signatures will be <br />binding on the parties." <br />IN WITNESS WHEREOF, the parties have caused the Fireworks Display Agreement <br />and this Amendment No. 1 to Fireworks Display Agreement, together `The Agreement" <br />to be executed by their duly authorized representatives on the date set forth below. <br />CITY OF SANTA ANA <br />Paul M. Walters <br />City Mana %ger <br />Date: ( ¢ �9- �� Z- <br />ATTEST: <br />�� Maria D. Huizar <br />Clerk of the Council <br />REQCJOMMENDED FOR APPROV L: <br />Gerardo Mouet <br />Executive Director — PRCSA <br />PYRO ENGINEERING, INC. <br />(Name) n 11,c s dlK <br />(Title) �• � � <br />Dater �,�/��, <br />APPROVED AS TO FORM: <br />� 6� <br />Laura Sheedy <br />Assistant City Attorney <br />