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Facsimile (714) 647 -6956 <br />With courtesy copies to: <br />Public Works Agency — Design Engineering <br />City of Santa Ana <br />20 Civic Center Plaza (M -36) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (ivI -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647 -6515 <br />To Consultant: <br />WKE, Inc. <br />400 N. Tustin Avenue, #275 <br />Santa Ana, CA 92705 <br />Attn: Dan Weddell, PE <br />Phone: (714) 953 -1020 <br />18. MISCELLANEOUS <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 terms of this Agreement, and shall <br />indemnify Agency frilly, including reasonable costs and attorney's fees, for any injuries or damages to <br />Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.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 forth in <br />the body of this Agreement, <br />Q. No delay or omission by either party hereto to exercise any right or power accruing upon any <br />noncompliance or default by the other party with respect to any of the terms of this Agreement shall <br />impair any such right or power or be construed to be a waiver thereof. A waiver by either of the <br />parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not <br />be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or <br />agreement herein contained. <br />25C -10 <br />