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Buyer: <br />Attn: Clerk of the Council <br />Copy to: Executive Director of Public Works Agency <br />(at same address) <br />Merchant Star International General Trading <br />701 Park Center Drive <br />Santa Ana, CA 92705 <br />Any notice or other document sent by personal delivery, overnight courier <br />or registered or certified mail as aforesaid shall be considered to have been effectively <br />served or delivered on the day of actual delivery (whether accepted or refused) as <br />evidenced by printed confirmation if by facsimile or email (provided that if any notice or <br />other communication to be delivered by facsimile or email attachment as provided above <br />cannot be transmitted because of a problem affecting the receiving party's facsimile <br />machine or computer, the deadline for receiving such notice or other communication shall <br />be extended through the next business day), as shown by the addressee's return receipt <br />if by certified mail, and as confirmed by the courier service if by courier; provided, <br />however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or <br />on a non -business day, then such notice or communication so made shall be deemed <br />effective on the first business day after the day of actual delivery. <br />7.2 Time of Essence <br />Time is of the essence with respect to each and every provision hereof. <br />7.3 Assignment <br />Neither this Agreement, nor any interest herein, shall be assignable by any <br />party without prior written consent of the other, non -assigning party hereto. For Seller, <br />the City Manager or designee shall have the authority to review and approve or deny any <br />request for assignment. <br />7.4 Governing Law <br />All questions with respect to this Agreement, and rights and liabilities of the <br />parties hereto, shall be governed by the laws of the State of California. Venue shall be in <br />the County of Orange. <br />7.5 Inurement <br />Subject to the restrictions against assignment as herein contained, this <br />Agreement shall inure to the benefit of and shall be binding upon, the assigns, successors <br />9 <br />