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Item 27 - Agreement for Well Maintenance and Repair
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06/15/2021 Regular
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Item 27 - Agreement for Well Maintenance and Repair
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
27
Date
6/15/2021
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- 4 - <br />to do, or cause to be done, all things necessary, proper, or advisable under applicable laws and <br />regulations to consummate and make effective the terms and conditions of this Agreement. <br /> <br />Section 15. Notice. Any notice to a party required or called for in this Agreement <br />shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the <br />address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) <br />hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address <br />only by providing written notice thereof to the other party. Notice shall be sent to, unless <br />changed in writing by the respective party: <br /> <br /> <br />Section 16. Severability. If by operation of law, order of a court of competent <br />jurisdiction, or other reason, it is determined that any Section, Subsection, clause or other <br />provision of this Agreement is illegal, null, void, invalid, unenforceable or in violation of <br />public policy, the remaining Sections, Subsections, Clauses and other provisions of this <br />Agreement shall not be affected thereby and shall continue in full force and effect to the extent <br />that the invalidity or unenforceability does not impair the application of this Agreement as <br />intended by the parties. <br />Section 17. Entire Agreement. This Agreement contains the entire understanding <br />and agreement between the Parties with respect to the matters set forth herein. No other <br />representations, covenants, undertakings or other prior or contemporaneous oral agreements <br />respecting such matters which are not specifically incorporated herein shall be deemed in any <br />way to exist or bind any of the Parties. The Parties, and each of them, acknowledge that they <br />have not executed this Agreement in reliance on any such promises, representations, or <br />warranties. <br />Section 18. Modification of Agreement. This Agreement shall not be modified by <br />any Party by oral representation made before or after the execution of this Agreement. All <br />modifications must be in writing and signed by the Parties. <br />IF TO THE CITY: <br />Daisy Gomez, Clerk of the Council <br />City of Santa Ana <br /> 20 Civic Center Plaza, M-30 <br />Santa Ana, CA 92702 <br />With Copy To: <br /> Nabil Saba, P.E., Executive Director <br />City of Santa Ana <br />20 Civic Center Plaza M-21 <br />Santa Ana, CA 92702 <br />IF TO MESA WATER: <br /> <br />Tracy Manning, Water Operations <br />Mesa Water District <br />1965 Placentia Ave. <br />Costa Mesa, CA 92627
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