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APPENDIX <br />ATTACHMENT 2 — SAMPLE AGREEMENT <br />Facsimile (714) 647-6956 <br />With courtesy copy to: Executive Director of Public Works <br />City of Santa Ana <br />20 Civic Center Plaza (M-22) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647-5635 <br />To Consultant: <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 by <br />facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after <br />the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set <br />forth above. For purposes of calculating these time frames, weekends, federal, state, County or City <br />holidays shall be excluded. <br />20. MISCELLANEOUS PROVISIONS <br />a. Additional provisions, if any, are identified as Additional Provisions — Exhibit D, attached hereto and <br />incorporated into this Agreement by reference. <br />b. Each undersigned represents and warrants that its signature herein below has the power, authority and right <br />to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, <br />including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such <br />authority or power is not, in fact, held by the signatory or is withdrawn. <br />c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of <br />this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. <br />of 8 ) <br />