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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 terns 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or power is not, in fact, held by the signatory or is withdrawn.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 />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />l <br />By. / 44 (c u ^ <br />Andrea Garcia -Miller <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />w�u,na, mzaas�.ron <br />Kathryn Downs <br />Executive Director <br />Finance & Management Services Agency <br />CITY OF S TA AN <br />lvaro Nunez <br />Acting City Manager <br />CONSULTANT: <br />Tara �7 (>e <br />Paula Cone <br />President <br />