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21. 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or power is not, in fact, held by the signatory or is withdrawn.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 />All exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />C. Force Majeure. Neither party shall be deemed to be in default on account of any <br />delays or failure to perform its obligations under this Agreement , which results <br />directly from an act of God, accident, riots, war, terrorist act, epidemic, pandemic, <br />quarantine, civil commotion, breakdown of communication facilities, breakdown <br />of web host, breakdown of intemet service provider, erroneous data provided to <br />consultant, natural catastrophes, governmental acts or omissions, changes in laws <br />or regulations, national strikes, fire, explosion, generalized lack of availability of <br />raw materials or energy. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />Clerk of the Council <br />APPROVED AS TO FORM <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />randon Salvatierra <br />Deputy City Attorney <br />RECOMMENDED FOR APPROVAL <br />//54-Nabil Saba <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />�;e lA � <br />Kristine Ridge <br />City Manager <br />CONSULTANT <br />-.i,auAn L,?Tb- <br />Anthony-Petros <br />President <br />Page 10 of 10 <br />