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hereunder and required by the laws and regulations of the United Sates, the State of California, <br />the City of Santa Ana and all other governmental agencies. Consultant shall notify the City <br />immediately and in writing of her inability to obtain or maintain such permits, licenses, <br />approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br />Agreement. <br />19. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terns of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn.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 <br />set 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 />CITY OF SANTA ANA <br />ATTEST: <br />ARIA IUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />By: <br />ANDOVAL <br />Chi Assistant City Attorney <br />REC MENDED FOR APPROVAL: <br />R D MOUSAVIPOUR <br />Exe utive Director <br />Public Works Agency <br />DAVID CAVAZOS <br />City Manager <br />SU TANT: <br />— <br />ThirdWave Corporation <br />By: Iq9. <br />'fax ID# <br />Page 8 of 8 <br />