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17. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn.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 />18. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714-647-6956 <br />With courtesy copies to: <br />Executive Director, <br />Finance and Management Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-17) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax: 714-647-5415 <br />To Consultant: <br />Bartel Associates, LLC <br />Attn: John E. Bartel, President <br />411 Borel Ave., Ste 101 <br />San Mateo, CA 94402 <br />Fax: 650-345-3057 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />communication shall be addressed and transmitted to the new address. If sent by mail, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent <br />by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after <br />Page 6 of 7 <br />