|
20 Civic Center Plaza (M-21)
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />To Contractor: Landscape West Managoment Services, Inc,
<br />1234North..Blue Gum Street
<br />Anaheim, CA 92806
<br />Attn: Michael Garibay, President
<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 effeetve or deemed to have been given three (3) days after it has been
<br />deposited in the United States rural, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by fax, oornmunication shall be effective or deemed to have
<br />been given twenty-four (24) hours after the time yet Forth on the transmission report issued by the
<br />transmitting facshmile machine, addressed as set forth above. For purposes of calculating these
<br />thneframes, 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 Agi"tnent and
<br />any attachments hereto, the terms of this Agreement sball prevail. This Agreement may not be
<br />modified except by written instrument signed by the City and by an authorized representative of
<br />Contractor. Theparties agree that anytenms or conditions of anypurchase 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 or the City. Each party to this Agreement acknowledges that no
<br />representations, inducements, prornises 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 is intended to secure (he specialized services of Contractor,
<br />Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be comidemd null and void, Nothing in this Agreement shalt
<br />be construed to limit the City's ability to have any of the services which are the subject to this
<br />Agreement performed by City personnel or by other Contractors retained by City.
<br />16. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
<br />the party waiving the breach, failure, right or rernedy. No waiver of any breach, failure or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />Page 6 of 8
<br />
|