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<br />Keenan & Associates – License #0451271 <br />EB Consulting Services Agreement (PM2) <br />Confidential For Client Use Only <br />(Rev. 05/15/20) <br /> Page 7 of 17 <br />Agreement or claim related to the Services may only be pursued by the parties to this <br />Agreement. <br /> <br />D. No modification or amendment to this Agreement shall be binding unless it is in writing <br />and signed by authorized representatives from both parties. Any waiver or delay by a <br />party in enforcing this Agreement shall not deprive that party of the right to take <br />appropriate action at a later time or due to another breach. This Agreement shall be <br />interpreted as if written jointly by the parties. <br /> <br />E. Any provision determined by a court of competent jurisdiction to be partially or wholly <br />invalid or unenforceable shall be severed from this Agreement and replaced by a valid <br />and enforceable provision that most closely expresses the intention of the invalid or <br />unenforceable provision. The severance of any such provision shall not affect the <br />validity of the remaining provisions of this Agreement. <br /> <br />F. Neither party shall be liable or deemed to be in default for any delay or failure in <br />performance under this Agreement resulting, directly or indirectly, from acts of God, <br />civil or military authority, acts of public enemy, war, accidents, fires, explosions, <br />earthquakes, floods, power outages, failure of computer systems, machinery or supplies, <br />vandalism, strikes, or other work interruptions, or any similar or other cause that is <br />beyond the reasonable control of either party. Each party shall make good faith efforts <br />to perform under this Agreement in the event of any such circumstances, and shall <br />resume full performance once the cause of the delay has abated. <br /> <br />G. All notices hereunder shall be in writing and sent to the parties at the addresses as set <br />forth below, or to such other individual or address as a party may later designate. <br />Notices shall be sent via personal delivery, courier service, United States mail (postage <br />pre-paid, return receipt requested), express mail service, electronic mail, or fax. Notice <br />shall be effective when delivered, or if refused, when delivery is attempted. Notices <br />delivered during non-working hours shall be deemed to be effective as of the next <br />business day. <br /> <br />If the notice relates to a legal matter or dispute, a copy shall be sent to: <br /> <br />Keenan & Associates <br />2355 Crenshaw Blvd., Ste. 200 <br />Torrance, CA 90501 <br />Attn: Legal Department <br />Fax: (310) 533-0573 <br /> <br />City of Santa Ana <br />Clerk of Council <br />20 Civic Center Plaza, M-30 <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Fax: (714) 647-6956 <br />