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* ProudCity <br /> approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br /> Agreement. <br /> 22. WAIVER <br /> No waiver of breach, failure of any condition, or any right or remedy contained in or granted <br /> by the provisions of this Agreement shall be effective unless it is in writing and signed by the <br /> party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br /> remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br /> similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br /> 23. MISCELLANEOUS PROVISIONS <br /> Each undersigned represents and warrants that its signature herein below has the power, <br /> authority and right to bind their respective parties to each of the terms of this Agreement, and <br /> shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br /> damages to City in the event that such authority or power is not, in fact, held by the signatory <br /> IN VaTNESS WHEREOF, the parties hereto have executed this Agreement the date and <br /> year first above writteir. <br /> 4{ <br /> ATTEST: CITY O SAINTA <br /> Cif oP�`r <br /> V <br /> Jemiifer L. H. 1 Alvaro Tlunez <br /> Ci -C City Manager <br /> APPROVED AS TO FORIIN-I PROUD CITY <br /> SOMA R. CARVALHO <br /> City Attorney <br /> aY� _ fi <br /> Jonathan T. Martitez By: <br /> Assistafrt City Attorney Title: <br /> RECOMMENDED FOR APPROVAL <br /> C'&'- <br /> Jack Ciulla <br /> Executive Director <br /> Inforination Technology Department <br />