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8. Santa Ana shall cause its contractor for the Project to guarantee the Orange improvements <br /> against defects in workmanship and materials for a period of one (1) year from the date of <br /> acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for <br /> causing the Orange improvements to be brought or restored to full compliance with the <br /> requirements of the Plans and Specifications for any portion of the Project which during said one <br /> (1) year period are found not to be in conformance with the provisions of the Plans and <br /> Specifications. <br /> 9. This Agreement contains all of the agreements of the Parties regarding the Project and all <br /> previous understandings, negotiations and agreements regarding the Project are integrated into <br /> and superseded by this Agreement. <br /> 10. This Agreement may be amended at any time by the mutual consent of the Parties by an <br /> instrument in writing signed by both Parties. <br /> 11. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections <br /> contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or <br /> decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any <br /> of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which <br /> are hereby declared as severable and shall be interpreted to carry out the intent of the Parties <br /> hereunder. <br /> 12. The persons executing this Agreement on behalf of the Parties hereto warrant that they are <br /> duly authorized to execute this Agreement on behalf of said Parties and that by so executing this <br /> Agreement the Parties hereto are formally bound to the provisions of this Agreement. <br /> 13. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto <br /> and their respective heirs, personal representatives, successors, and assigns. <br /> 14. This Agreement may be executed by the Parties and counterparts, which counterparts shall <br /> be construed together and have the same effect as if all of the Parties had executed the same <br /> instrument. <br /> 15. This Agreement is to be governed by the laws of the State of California, in Orange County <br /> California. <br /> 16. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, <br /> judgments, liabilities or damages for injuries and damages directly arising out of each party's own <br /> performance under this Agreement, except to the extent such damage or expense is caused in <br /> whole or in part by the other party's negligence or willful misconduct. <br />