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N-2021-223 <br />proceeding, including, without limitation, its reasonable fees for attorneys, <br />expert witnesses and court costs; <br />(iii) Should any provision of this Agreement be determined to be void, invalid, <br />or otherwise unenforceable by any court of competent jurisdiction, such <br />determination shall not affect the remaining provisions hereof which shall <br />remain in full force and effect; <br />(iv) No waiver or modification of any of the provisions of this Agreement shall <br />be valid unless in writing and signed by both of the parties; <br />(v) Recipient's rights under this Agreement cannot be assigned to any third <br />party without City's prior written consent and any attempted or purported <br />assignment of this Agreement without City's consent shall be void; <br />(vi) This Agreement constitutes the entire agreement and understanding <br />between the parties with respect to the Confidential Information listed <br />above, and supersedes all prior and contemporaneous negotiations, <br />discussions, and understandings of the parties, whether written or oral. <br />IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF <br />THE DATE FIRST WRITTEN ABOVE. <br />City of Santa Ana <br />By:77;-��- r�,)L -�(- --- <br />Kristine Ridge <br />City Manager <br />Recommended for Approval: <br />JJ C../1 <br />fCiulla <br />Technology and <br />mation Officer <br />Daisy Gomez, Clerk of Council <br />Recipient <br />By: Que P� <br />Name: 1'0� cL I usk <br />Title: C V N �CtrU <br />Approved as to Form: <br />SONIA R. CARVALHO <br />City Attorney <br />By:Lwm A_ Rt <br />Laura A. Rossini <br />Chief Assistant City Attorney <br />CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT <br />Page-4- <br />