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SANTA ANA UNITS INVESTMENT COMPANY 1 - 2003
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SANTA ANA UNITS INVESTMENT COMPANY 1 - 2003
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Last modified
1/3/2012 2:05:22 PM
Creation date
5/8/2003 4:16:55 PM
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Contracts
Company Name
Santa Ana Units Investment Company
Contract #
A-2003-071
Agency
Public Works
Council Approval Date
4/7/2003
Notes
PERMANENT file
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23. No Reliance By One Party On The Other. Each party has received independent legal advice fi.om its <br />attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. <br />The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based <br />upon any attribution to such party as the source of the language in question. <br /> <br />24. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br /> <br />25. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and <br />deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do <br />such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this <br />Agreement, without cost. <br /> <br />26. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the <br />benefit of the successors and assigns of the parties to this Agreement. <br /> <br />27. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow <br />has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indenmify City fully, including reasonable costs and attomey's fees, for any injuries or damages to City in the <br />event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />28. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br /> <br />29. Other Agreements. Seller agrees to remove the existing planter and sign, perimeter block & iron fence, <br />and applicable landscape and asphalt material, within the fee acquisition area, (described in the Attachment <br />"A") by May 1, 2003. Seller agrees to obtain a no fee Street Work Permit fi.om the City of Santa Ana, before <br />the removal work begins. Seller agrees that if such items are not removed by May 1, 2003, City may remove <br />same at seller's expense. Seller will then have 20 days upon receipt of City's invoice to reimburse the City for <br />costs associated with the removal of these items, otherwise City may file a lien on the property for recovery of <br />costs. <br /> <br /> <br />
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