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Agreement must be in writing and shall be effective only to the extent set forth in <br />writing. No waiver of any breach, default or event of default shall be deemed a <br />waiver of any later breach, default or event of default of the same or any other <br />provision of this Agreement. Any failure or delay on the part of either Party in <br />exercising any power, right or privilege under this Agreement shall not operate as <br />a waiver thereof, nor shall any single or partial exercise of any such power, right <br />or privilege preclude any further exercise thereof. <br />32. Notice. Any notice, tender, demand, delivery, or other communication pursuant <br />to this Agreement shall be in writing and directed to the addresses below or such <br />addresses as either party may later specify in writing. Notice is deemed effective <br />on the date it is given if hand -delivered or received by facsimile that day. Notice <br />given by U.S. mail shall be deemed to have been given three (3) business days <br />after it is deposited in the U.S, mail, postage prepaid and addressed as follows: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />With copies to: Executive Director of Parks, Recreation and Community <br />Services <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To TRF: Renee Jacobs, Agent for Service <br />Training and Research Foundation <br />1442 East Lincoln Avenue, Suite 371 <br />Orange, California 92865 <br />33. Authority: Each undersigned represents and warrants that its signature herein <br />below has the power, authority and right to bind their respective Parties to each of <br />the terms of this Agreement. <br />34. Counterparts and Electronic Signature. The Parties agree that this Agreement <br />may be signed in counter parts and compiled to make one original Agreement. <br />The Parties further agree that this Agreement may be signed electronically by any <br />means that reasonably ensures authenticity. <br />Facilities Use Agreement With Training and Research Foundation <br />10 <br />