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34. BINDING ON HEIRS AND SUCCESSORS <br />This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, <br />administrators, successors, and assigns of the parties hereto. The provisions of this Section shall <br />not be deemed to be a waiver of any of the conditions against assignment set forth herein. <br />35. 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 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or power is not, in fact, held by the signatory or is withdrawn.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 />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 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 />By:CL <br />Laura A. Rossini <br />Senior Assistant City Attorney <br />FOR APPROVAL: <br />CITY OF SANTA ANA <br />Raul Godinez Il <br />City Manager <br />OPERATOR: <br />Name: <br />Title: <br />GERARDO MOUET <br />Executive Director <br />Parks, Recreation and Community Services Agency <br />P -° <br />Page 11 of 11 <br />