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inability to procure raw materials, power or supplies; hurricanes, earthquakes, floods or any act of God; <br />war or other violence; any law /order, proclamation, regulation, ordinance, demand or requirement of any <br />governmental agency or intergovernmental body; or any other act or condition whatsoever beyond the <br />reasonable control of the parties hereto, the party so affected, upon giving notice to the other party within <br />fifteen (15) calendar days, shall be excused by such performance during and to the extent of such <br />prevention, restrictions or interference. <br />e. It is expressly understood and agreed that the enforcement of these terms and conditions shall <br />be reserved to the City and the Consultant. Nothing contained in the agreement shall give or allow any <br />claim or right of action whatsoever by any third person. It is the express intent of the City and the <br />Consultant that any such person or entity receiving services or benefits under this agreement shall be <br />deemed an incidental beneficiary. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br />ATTEST: <br />e.) • f� or.�y� <br />MARIA D. HUI�ZA —iJ <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CAR <br />City A-qorney <br />City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Edward Raya <br />Executive Director — Personnel Services <br />CITY OF SANTA ANA <br />I <br />DAVID CAVAZOS <br />City Manager <br />Bureau Veritas Nortb9A ierica , Inca <br />Richard B. Silverman <br />Vice President, West Region <br />Tax ID# 06- 1689244 <br />