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16. MISCELLANEOUS PROVISIONS <br />a, Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective patties to each of the terms of this Agreement, and shall <br />indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.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 ftilly 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 Attorney <br />Lisa Storck <br />Assistant City Attorney <br />RECOMMEND APPROVAL: <br />CITY OF SANTA ANA <br />GERARDO MOUET <br />Acting City Manager <br />NAKA ENGINEERING CONTRACTORS <br />Nader Alex Kazemi, M.S. <br />Chief Executive Officer <br />Jeannie Jurado, Acting Exec. Director Tax ID# <br />Parks, Recreation & Community Services Agency <br />IMA <br />