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18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City <br />fully, 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authority or power is not, in fact, held by the signatory or is withdrawn.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. This Agreement may be executed and delivered in any number of counterparts, each of which, <br />when executed and delivered shall be deemed an original and all of which together shall constitute the same <br />agreement. Facsimile signatures will be permitted. <br />c. Captions and headings in this Agreement, including the title of this Agreement, are for <br />convenience only and are not to be considered in construing this Agreement. <br />d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Laura Sheedy <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />PAUL M. WALTERS <br />City Manager <br />MANAGEMENT PARTNERS <br />GERALD E. NEWFARMER <br />President and CEO <br />25A-8