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9. 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 facsimile or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To City: 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 />Facsimile: 714-647-6956 <br />Copies to: Parks, Recreation c& Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-23) <br />Santa Ana, California 92702 <br />Facsimile: 714-5714221 <br />To Consultant: People and Trees, Inc. <br />1027 Summit Way <br />Laguna Beach, CA 92651 <br />Phone: (949) 231-8106 <br />Email: ylad. orend,aait il_co.m <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, comm, nnication <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 facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile machine, <br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, <br />County or City holidays shall be "eluded. <br />10. EXCLUSIVITY ANV AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or <br />written, between the parties. In the event of a conflict between the terms of this Agreement and any <br />attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br />except by written instrument signed by the City mid by an authorized representative of Consultant. <br />The parties agree that any terns or conditions of any purchase order or other instrument that are <br />inconsistent with, or in addition to, the terms and conditions hereof, shalt not bind or obligate <br />Consultant nor the City. Each party to this Agreement acknowledges that no representations, <br />Page 4 or9 <br />