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20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 <br />To Contractor: Landscape West Management Services, Inc. 1234 North Blue Gum Street Anaheim, CA 92806 Attn: Michael Garibay, President <br />A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fiL'X, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting fa(..-similc machine, addressed as set forth above. For purposes of calculating these time:frames, weekends, federal, state, Coooty or City holidays shall be excluded. <br />14.EXCLUSIVITY AND Al.VIENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all ot:her agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the tcnus 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 Contractor. The parties agree that any terms or conditions_of any purchase order or other instrument that are inconsistent with, or in addition to, the tetms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any pa:ity, or anyone acting on behalf of any party, which are not embodied herein. <br />15.ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor, <br />Contractor may not assign, transfei:, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be con.�idered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this <br />Agreement performed by City personnel or by other Contractors retained by City. <br />16.WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective ooless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />Page 6 ofS