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XVI. WAIVER: Any waiver by either party of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of either party to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping either party from enforcement hereof. XVH. SEVERABILITY:. If any provision in the Agreement is held by a courtof competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. XVIII. _ NO OTHER AGREEMENTS, AMENDMENTS: This Agreement supercedes any and all other agreements either oral or in writing between the parties hereto. Any modifications to the terms of this Agreement must be in writing and signed by the parties herein. XX. NOTICES: All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed delivered on the fifth (5t'') day after their deposit in the United States mail, postage prepaid or, if sent by reputable overnight delivery service, on the first business day after delivery of such service with charges prepaid, or, if sent by electronic mail or telefacsimile, upon confirmed receipt of the electronic mail or telefacsimile if received during business hours or upon the opening of the next business day if received during other than business hours. "Business day" means any Monday, Tuesday, Wednesday, Thursday or Friday except for national holidays, and "business hours" means anytime between the hours of 8:00 a.m. to 5:00 p.m. on any business day: If to City: Jim Ross Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza, M-21 Santa Ana, CA 92702 (714) 647-5654 (714) 647-5069 FAX e-mail: jross@ci.santa-ana.ca.us If to Program Manager: Roger Torriero Principal Nello Group, Inc. 6 Hutton Centre Drive, Suite 820 Santa Ana, CA 92707 (714) 557-6777 (7t4) 557-3777 FAX e-mail: rntorriero aol.com XXI. CONFLICTS OF INTEREST: PM and its consultants covenant that they presently have no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. XXIL NON-DISCRIMINATION: By signing this Agreement, PM and its consultants certify that they do not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions.