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!!1 <br />b. CITY agrees that its employees will cooperate with and assist representatives of <br />CONSULTANT in every reasonable way to enable CONSULTANT to secure all information <br />and data required to perform the services herein provided for. CONSULTANT shall have no <br />liability for defects in the services attributable to CONSULTANT's reliance upon or use of <br />data, design criteria, drawings, specifications, or other information furnished by CITY or third <br />parties retained by CITY. <br />c. 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, <br />and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any <br />injuries or damages to CITY in the event that such authority or power is not, in fact, held by <br />the signatory or is withdrawn. <br />d. CONSULTANT agrees any alterations, variations, modifications, or waivers of the provisions <br />of the Agreement, shall be valid only when reduced to writing, executed and attached to the <br />original Agreement and approved by the required persons, <br />e. If any legal action is instituted to enforce any party's rights hereunder, each party shall bear <br />its own costs and attorneys' fees, regardless of who is the prevailing party. <br />f. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in <br />the body of this Agreement. <br />g. In the event of any conflict between the provisions of this Agreement and those set forth in <br />any Exhibit referenced and incorporated herein, the provisions of the Consultant Services <br />Agreement shall prevail. <br />(Signatures on following page) <br />55B -12 <br />