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To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (Mv 30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax (714) 647-6956 <br />With copy to: 13xecutive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />20 Civic Center Plaza. (M-23) <br />P,O) Box 1988 <br />Santa Ana, California 92702 <br />Fax (714) 571.4211 <br />To Provider: Gasol foundation <br />Attn: I lector De La Torre <br />137 U Larclunount, Suite 441 <br />Los Angeles, CA 90004 <br />Phone: (213) 493-8102 <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 fax„ communication shall be effective or deemed to have <br />been given twenty-four (24) hours after the time set Earth on the transmission report issued by the <br />transmitting; facsimile machine, addressed as set rorth above. For purposes of calculating these <br />time frames, weekends, federal, state„ County or City holidays shall be excluded. <br />12. IKXCtLUSIMY AND AMENDMENT <br />`this Agreement represents tine complete and exclusive statement between the City and <br />Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or <br />written, between the parties. In the event of a conflict between the forms of this Agreement and <br />any atiaclunents hereto, the terms of this Agreement shall prevail, This Agreement may not be <br />modified except by written instrument signed by the City and by an authorized representative of <br />Provider, The parties agree that any terms or conditions of any purchase order or other instrument <br />that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or <br />obligate Provider or the City, Each party to this Agreement acknowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, which is not embodied herein. <br />13. ASSIGNMENT <br />The: experience, knowledge, capability and reputation of Provider were a substantial <br />inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, <br />7 <br />