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17. Other Terms and Conditions of Employment. The City Council <br />may by resolution or contract amendment from time to time fix other terms and conditions <br />of Nunez's employment as the City may determine relating to the performance of his duties <br />as City Manager, provided that such terms and conditions are not inconsistent or in conflict <br />with the provisions of this Agreement, the City's Municipal Code, and all applicable laws. <br />18. Notices. Notices given under this Agreement shall be in writing and <br />shall be served personally or sent by Federal Express or some equivalent private <br />overnight delivery service. Notices shall be deemed received at the earlier of actual <br />receipt or two (2) days following transmission to an overnight carrier. <br />City Attn: City Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Nunez <br />With a copy to: <br />Santa Ana City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />To the address on file with the City's Human <br />Resource Department <br />19. Arbitration. Any controversy or claim arising out of the interpretation <br />or performance of this Agreement, or otherwise pertaining to this Agreement or Nunez's <br />appointment and service as the City Manager, shall be resolved by binding arbitration in <br />Orange County, California, in accordance with the rules of the Judicial Arbitration and <br />Mediation Services, Inc., or such other arbitration service that the City and Nunez may <br />mutually select; and the arbitration award may be enforced as provided by California law. <br />5 5394.00000\42495009. 1 <br />