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19. WARRANTY. <br />Siemens expressly warrants that all materials, equipment, supplies, services and /or installations <br />provided pursuant to this Agreement shall: <br />a) conform to the specifications, drawings, samples or other descriptions set forth in Exhibit A; <br />b) be new and free from defects in material and workmanship, and will be free of all liens and <br />encumbrances, and will conform to any affirmation of facts made on the container or label; <br />c) be produced, transferred or disposed of as required by federal and state laws and regulations <br />under the conditions of hazardous materials control and hazardous waste regulations; <br />d) have good and marketable title; and <br />e) provide to City, all manufacturer and contractor warranties applicable to the material, <br />equipment, supplies, services and/or installations. <br />20. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herembelow 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authority or power is not, in fact, held by the signatory or is withdrawn.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. 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 />DAVID CAVAZOS <br />City Manager <br />RECOMMENDED FOR APPROVAL: SIEMENS INDUSTRY, INC. <br />CARLOSROJAS <br />Interim Chief of Police <br />ERIC ACKERMAN <br />Area Fire Safety & Security Manager <br />25B -9 <br />