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11. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: Cleric of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Facsimile (714) 647-6956 <br />Copies to: Executive Director of <br />Human Resources <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />P.O, Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647-5311 <br />To Consultant: Ardent Ergonomics <br />Attn: Jorge Molgoza <br />6867 Golferest Drive, Ste. 51 <br />San Diego, CA 92119 <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 effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to <br />have been given twenty-four (24) horns after the time set forth on the transmission report issued <br />by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating <br />these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />12. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant 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 Agreement and <br />any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede <br />existing Agreement. This Agreement may not be modified except by written instrument signed <br />by the City and by an authorized representative of Consultant. The Parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, <br />the terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each Party to <br />Page 6 of 8 <br />