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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 <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br />damages to City in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn.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 />first above written. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attomey <br />By: s s <br />Jos ndoval <br />Ch Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Planning <br />FRED MOUSAVIPOUR <br />Executive Director - PWA <br />CITY OF SANTA ANA <br />DAVID CAVAZOS <br />City Manager <br />KTUYA: <br />MICHAEL SINGLETON <br />Principal of Transportation and Land Use <br />251 -10 <br />Page 6 of 6 <br />