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CITY OF SANTA ANA <br />RFP NO.: 21-122 <br />ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES <br />Consultant's Firm Name Inter -Pacific, Inc. <br />Address 1421 Edinger Ave <br />Unit A <br />City State, Zip Code Tustin, CA 92780 <br />Attn: Enoch Kang <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 <br />have been given twenty-four (24) hours after the time set forth on the transmission report <br />issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these timeframes, weekends, federal, state, County or City holidays shall be <br />excluded. <br />14. 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, <br />oral or written, between the parties. In the event of a conflict between the terms of this <br />Agreement and any attachments hereto, the terms of this Agreement shall prevail. This <br />Agreement may not be modified except by written instrument signed by the City and by an <br />authorized representative of Consultant. The parties agree that any terms or conditions of any <br />purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br />conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement <br />acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, which are not <br />embodied herein. <br />15. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the <br />prior written consent of the City and any such assignment, transfer, delegation or subcontract <br />without the City's prior written consent shall be considered null and void. Nothing in this <br />Agreement shall be construed to limit the City's ability to have any of the services which are <br />the subject to this Agreement performed by City personnel or by other Consultants retained by <br />City. <br />16. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by <br />the provisions of this Agreement shall be effective unless it is in writing and signed by the party <br />waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy <br />shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, <br />nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />City of Santa Ana RFP 21-122 <br />On -Call Electrical Repair and Rehabilitation Services <br />Page 30 <br />