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e. 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the signatory or is withdrawn.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 />f. 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 />g. 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 />h. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in <br />the body of this Agreement. <br />20. COUNTERPART SIGNATURE AND DELIEVERY <br />This Agreement must be signed below and may be signed in counterpart and delivered by <br />facsimile, email as a PDF (Portable Document Format) file attachment, or by other means that displays <br />the original or a copy of the signatures. Any subsequent change orders or amendments to this <br />Agreement may be signed and delivered in the same manner. <br />/// <br />(Signatures on following page) <br />