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With courtesy copies to: <br />To Contractor: <br />Executive Director, <br />Finance and Management Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-17) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax:714-647-5304 <br />OPEX Corporation <br />Attn: Carly B I{arlberg, Counsel <br />305 Commerce Drive <br />Moorestown, NJ 08057 <br />Fax (956) 727-1955 <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 />Pax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time <br />set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />20. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any <br />injuries or damages to City in the event that such authority or power is not, in fact, held by <br />the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth <br />in the body of this Agreement. Provided however, that in the event that any provision of any <br />exhibit is in direct conflict with the provisions of this Agreement then the terms of this <br />Agreement will prevail solely with respect to any such directly conflicting provision(s), or <br />portions thereof. <br />a This Agreement must be signed below and may be signed in counterpart and delivered by <br />fax, email as a PDF (Portable Document Format) file attachment, or by other means that <br />displays the original or a copy of the signatures. Any subsequent amendments may be signed <br />and delivered in the same manner. <br />Page 9 of 10 <br />