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immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, <br />waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br />17. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the tams of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not; in fact, held by the signatory or is withdrawn.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 <br />forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />fust above written. <br />ATTEST: <br />MARIA D HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />RECOMMENDED R APPROVAL; <br />EDWIN "WILLIAIM76ALVEZ, P.E. <br />Interim, Executive Director - PWA <br />CITY OF SANTA ANA <br />DAVID CAV <br />City Manager <br />CONSULTANT: <br />T&S Planning, Inc. <br />Tracy Zinn, AI P <br />Vice President <br />