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In the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney's <br />fees. <br />34. Conflict of Interest. Operator covenants that it presently has no interests and <br />shall not have interests, direct or indirect, which would conflict in any manner with <br />performance of services specified under this Agreement. <br />35. Non-Recording. Neither party shall record this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br />executed by and through their authorized officers the day, month and year first written <br />above. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: Lisa Storck <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />Kevin O'Rourke <br />Interim City Manager <br />RECOMMENDED FOR APPROVAL: OPERATOR: <br />Gerardo Mouet, Executive Director <br />Parks, Recreation and <br />Community Services Agency <br />By: ELSON T. DE CANTUARIA <br />Director - Match Point Academy <br />Tax ID # <br />14 <br />25G-16