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Contract with Edgar Vasquez Page 5 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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 facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and PROMOTER, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of PROMOTER. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terins and conditions hereof, shall not bind or obligate PROMOTER nor the City. Each party to this Agreement acknowledges that any party, or anyone acting on behalf of any party, orally or otherwise, has made no representations, inducements, promises or agreements, which are not embodied herein, 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of PROMOTER, PROMOTER may not assign, transfer, 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 considered 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 Agreement performed by City personnel or by other PROMOTER'S retained by City. 11. TERMINATION This Agreement may be terminated by the City upon failure of Promoter to perform any of the requirements and/or conditions as set forth in this agreement including any exhibits.