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With courtesy copies to: <br />Nabil Saba <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Consultant: <br />Kristen Williams, PG <br />Area Leader <br />Leighton Consulting, Inc. <br />2600 Michelson Drive, Suite 400 <br />Irvine, CA 92612 <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 have <br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the <br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these <br />time frames, weekends, federal, state, County or City holidays shall be excluded. <br />21. MISCELLANEOUS PROVISIONS <br />a. Neither Party shall be liable to the other under any legal theory, whether in tort, in <br />contract, or otherwise, for any incidental, consequential, punitive, or other indirect <br />damages with respect to any claim of matter arising out of or relating to the <br />Services, this Agreement. <br />b. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />[signatures contained on following page] <br />Page 9 of 10 <br />