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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and <br />exemptions. Said inability shall be cause for termination of this Agreement. <br />19. 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or power is not, in fact, held by the signatory or is withdrawn.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 />20. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714- 647-6956 <br />With courtesy copies to: <br />Executive Director, Parks, Recreation and Sonia R. Carvalho <br />Community Services Agency <br />City Attorney <br />City of Santa Ana <br />City of Santa Ana <br />20 Civic Center Plaza (M-75) <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Santa Ana, California 92702 <br />Fax: 714-627-4211 <br />Fax: 714- 647-6515 <br />To Consultant: <br />OverDrive, Inc. <br />One OverDrive Way <br />Cleveland, OH 44125 <br />Attn: General Counsel <br />Fax 216-573-6889 <br />25H-9 <br />Page 7 of 8 <br />