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To Consultant: <br />Sally Swanson Architects, Inc. <br />220 Sansome Street, Suite 1100 <br />San Francisco, California 94104 <br />Phone: (415) 445-3045 <br />Facsimile: (415) 445-3055 <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 She 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withdrawn.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 frilly set <br />forth in the body of this Agreement. <br />c. No delay or omission by either party hereto to exercise any 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 />