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20. MISCELLANEOUS PROVISIONS <br />a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, <br />attached hereto and is incorporated by reference as though filly set forth herein. <br />b. 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 terms 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or power is not, in fact, held by the signatory or is withdrawn.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 />a 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 first <br />above written. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />Sy <br />J N M. FUNK <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />FRED MOUSAVIPOUR <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />DAVID CAVAZOS <br />City Manager <br />KIMLEY HORN AND ASSOCIATES, <br />INC. <br />NAME: <br />TITLE: <br />Page 8 of 8 <br />20B -22 <br />