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Facsimile (714) 647 -6956 <br />Copies to: Parks, Recreation and Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M -23) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 571 -4221 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647 -6515 <br />To Consultant: New Mexico Highlands University <br />Linda La Grange, PhD. <br />Associate Vice President of Academic Affairs <br />1005 Diamond Street <br />Las Vegas, NM 87701 <br />(505) 850 -9064 <br />13. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages <br />to Agency in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />c. No delay or omission by either party hereto to exercise ally right or power accruing <br />upon any noncompliance or default by the other party with respect to any of the terms of this <br />Agreement shall impair any such right or power or be construed to be a waiver thereof. A <br />waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be <br />performed by the other shall not be construed to be a waiver of any succeeding breach thereof <br />or of any other covenant, condition or agreement herein contained. <br />10 <br />