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18. MISCELLANEOUS <br />a. This Agreement shall be construed and interpreted under the laws of The State of <br />California without giving effect to the provisions thereof relating to conflicts of law. <br />b. No failure of either party hereto to exercise any power given such parry hereunder or <br />to insist upon strict compliance by the other party to its obligations hereunder, and no custom or <br />practice of the parties in variance with the terms hereof, shall constitute a waiver of either party's <br />right to demand exact compliance with the terms hereof. <br />C. Each undersigned represents and warrants that its signature hereinbelow has the <br />power, 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 damages <br />to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. This Agreement may be executed in one or more counterparts <br />and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall <br />together constitute but one and the same instrument. <br />e. Each party shall, in a timely manner, time being of the essence, execute and deliver <br />such papers, documents, and instruments, and perform such further acts as are necessary or <br />appropriate, to implement the terms of this Agreement and the intent of the parties to this <br />Agreement. <br />IN WITNESS WHEROF, the parties hereto cause their hands and seals to be affixed by their <br />duly-authorized representative effective as of the date and year first above written. <br />Single Point Alliance, Inc. <br />By: <br />Name: Wayt zga <br />Title: Director, Finance <br />City of San A <br />By. <br />Kevi .O'Rourke <br />Interim City Manager <br />Attest: <br />L <br />Maria D. Huizar <br />Clerk of the Council <br />Recommended for Approval: <br />Francisco Gutierrez <br />Executive Director -FMSA <br />Approved as to Form: <br />n? <br />Laura Sheedy <br />Assistant City Attorney <br />