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N-2023-298 <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by fax, communication shall be effective or deemed to have <br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the <br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these <br />time frames, weekends, federal, state, County or City holidays shall be excluded. <br />20. 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or power is not, in fact, held by the signatory or is withdrawn.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 />CITY OF SANTA ANA <br />e m er L l <br />erk PtlPe...Gity Manager <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />l <br />Byg,Ad44 <br />Andrea Garcia -Miller <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />xmm,� oom, ion s:oa oz:u oon <br />Kathryn Downs, CPA <br />Executive Director <br />Finance and Management Service Agency <br />HERBERT P. SEARS CO., INC. <br />Christopher Lee Thompson <br />CEO <br />#318460v1 Page 10 of 10 <br />