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MOU -Discovery Cube Outdoor Science Park Feasibility <br />City of Santa Ana <br />To: <br />(714)542-2823 <br />Kristine Ridge <br />City Manager <br />City of Santa Ana <br />20 Civic Center Plaza, M-25 <br />Santa Ana CA 92702 <br />(714)647-5336 <br />kridge@santa-ana.org <br />Any party may change the address to which notice is to be given by providing the <br />other party with written notice of such change at least fifteen (15) calendar days prior to <br />the effective date of the change. <br />Service of notices shall be deemed complete on the date of receipt if personally <br />served or if served using facsimile machines provided confirmation of delivery is obtained <br />at the time of email transmission. Service of notices sent by first class mail shall be <br />deemed complete on the fifth (5th ) day following deposit in the United States mail <br />9.Governing Law. This MOU shall be deemed to be executed within the <br />State of California and construed in accordance with and governed by laws of the State <br />of California. Both parties further agree that Orange County, California, shall be the venue <br />for any action or proceeding that may be brought or arise out of, in connection with, or by <br />reason of this MOU. <br />10.Amendment. This MOU and the exhibits hereto may only be amended in <br />writing signed by both parties, and any purported amendment shall be of no force or <br />effect. This MOU may be amended to both extend the term and conditions, as well as to <br />add tasks. Discovery Cube will not begin new tasks without express written permission <br />of the City. <br />11.Reservations. The approval of this MOU by the City shall not be binding <br />non the City Council, the Planning Commission, or any other commission, committee, <br />board or body of the City regarding any approvals of the Project required by such bodies. <br />No action by the City with reference to this MOU or any related documents shall be <br />deemed to constitute issuance or waiver of any required City permit, approval or <br />authorization regarding the Property, the Project or Discovery Cube. Discovery Cube <br />obtains no right, permit or entitlement to construct or install the Project on the Property or <br />any portion of the Property by virtue of this MOU. <br />12.Entire Agreement. This MOU and its exhibits constitute the entire <br />agreement between the City and Discovery Cube and supersedes all prior negotiations, <br />representations, or agreements, whether written or oral. <br />Page 5 <br />EXHIBIT 1