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i. Consultant will comply, and all its contractors (or subrecipients) will comply, <br />with all requirements of the Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. <br />871), (53 FR 8078, 8087, rV1ar. I t, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), <br />as applicable. <br />m. Consultant agrees that the Department of Homeland Security shall have the <br />authority to seen patent rights for any process, product, invention or discovery developed and <br />paid for with funding through this Agreement. <br />18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's Pees, for any 'injuries or <br />damages to City in the event that such authority or power is not, in fact, held by the signatory or <br />is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shalt be incorporated as if fully <br />set forth in the body of this Agreement. <br />c. The City acknowledges and agrees that the Services provided by CONSULTANT <br />under this Agreement are strictly advisory and do not include recommendations to take any <br />action or any inaction. Nor does any information provided by CONSULT ANT constitute a <br />prediction or an attempt to predict any future event. Any and all forward looking statements <br />provided by CONSULTANT, whether written or oral, are intended solely to express an opinion. <br />d. Notwithstanding any other provision of this Agreement, the City acknowledges <br />and agrees that CONSULTANT shall retain all rights, title; and interest in and to any pre - existing <br />know -how, methodology, technology, templates or information ( "tools ") used by <br />CONSULTANT in performing the Services under this Agreement The City is given no right, <br />title or interest in such toots. <br />IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and <br />year first above written. <br />ATTEST: <br />MARIA D. HUIZAR J <br />Clerk of the Council <br />CITY OF SANTA ANA, a municipal <br />Corporation of the State of California <br />(Signatures continue on the following page) <br />