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20 Civic Center Plaza (M-21)
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />To Contractor: DN Tanks, Inc.
<br />351 Cypress Lane
<br />El Cajon, CA 92020
<br />Attn: Matthew Ford, P.E.
<br />A party may change its address by giving notice in writing to the other party. Thereafter,
<br />any communication shall be addressed and transmitted to the new address. if sent by mail,
<br />communication shall be effective or deemed to have been given three (3) days after it has been
<br />deposited in the United States mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
<br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the
<br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
<br />timeframes, weekends, federal, state, County or City holidays shall be excluded.
<br />14. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
<br />or written, between the parties, in the event of a conflict between the terms of this Agreement and
<br />any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be
<br />modified except by written Instrument signed by the City and by an authorized representative of
<br />Contractor, The parties agree that any terms or conditions of any purchase order or other instrument
<br />that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
<br />obligate Contractor of the City: Each party to this Agreement acknowledges that no
<br />representations, inducements, promises or agreements, orally or otherwise, have been made by any
<br />party, or anyone acting on behalf of any party, which are not embodied herein.
<br />15, ASSIGNMENT
<br />Inasmuch as this Agreement 1s intended to secure the speciahaed services of Contractor,
<br />ContractoF may not assign, transfer, delegate, OF subcontract any interest herein without the prior
<br />written eonsent of the City and any stleh asslgnrrlent, IFan91110f, delegation of subcontract Without
<br />the City's prior written eonsent shall be considered nt111 and void, Nothing In this Agreement shall
<br />be construed to limit the City's ability to have any of the services which are the subjeel to this
<br />AgFeelrtunl peFfbrmed by City pegsonnel er by ether Conlraoloni Fetained by Clty.
<br />16, WAIVER
<br />No waiver of bruileh, fallufe of any oendition, or arty right or remedy eonlained in or
<br />granted by the previsions efINA Agreement sb411 be uffoelivu unless it is in writing and signed by
<br />the pfl"y wsiving the breach, flrilure, right of rurrtedy: No waiver of any breach, fatlu€u of Fight, of
<br />Fulitudy s11411 be deemed 9 waiver of say other breach, failure, right or rureudy, whether or not
<br />pa§e 0 ®f §
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