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no Notice was given or other action by a Person to whom Notice is sent, shall be deemed receipt <br />of the Notice. <br />10.5.2 Addresses. The following are the authorized addresses for the submission <br />of Notices to the Parties, as of the Effective Date: <br />To the Developer: <br />Caribou Industries, Inc. <br />It 03 North Broadway <br />Santa Ana, CA 92701 <br />To the City: <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Attention: City Clerk <br />With courtesy copy to <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Attention: City Attorney <br />10.6 Warranty Against Payment of Consideration for Agreement. The Developer <br />represents and warrants that: (i) the Developer has not employed or retained any Person to solicit <br />or secure this Agreement upon an agreement or understanding for a commission, percentage, <br />brokerage, or contingent fee, excepting bona fide employees of the Developer and (ii) no gratuities, <br />in the form of entertainment, gifts or otherwise have been or will be given by the Developer or any <br />of its agents, employees or representatives to any elected or appointed official or employee of the <br />City in an attempt to secure this Agreement or favorable terms or conditions for this Agreement. <br />Breach of the representations or warranties of this Section 10.6 shall automatically terminate this <br />Agreement, without further notice to or action by either Party and the Developer shall immediately <br />refund any payments made to the Developer by the City pursuant to this Agreement, prior to the <br />date of any such termination. <br />10.7 Relationship of Parties. The Parties each understand and agree that the City and <br />the Developer are independent contracting entities and do not intend by this Agreement to create <br />any partnership, joint venture, or similar business arrangement, relationship or association between <br />them. <br />10.8 Survival of Agreement. All of the provisions of this Agreement shall be <br />applicable to any dispute between the Parties arising from this Agreement, whether prior to or <br />51 <br />55394.00049M239203. 12 <br />