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agreements for similar services between the parties is superseded by this Agreement. This <br />shall not apply where the Parties are currently engaged and Contractor is providing services <br />not contemplated by this Agreement. <br />C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth <br />in the body of this Agreement. <br />d. The Contractor has not been engaged to perform any services which constitute the practice <br />of architecture or engineering and is not assuming any responsibilities for design. <br />e. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted <br />by law, neither Party shall be liable to the other for any incidental, special, indirect or other <br />consequential damages incurred due to the fault of the other Party, regardless of the nature <br />of the fault or whether it was committed by the City or Contractor, or their employees, <br />subconsultants, or subcontractors. Consequential damages include, without limitation, <br />liability for loss of profits or loss of production, loss of goodwill, however the same may <br />be caused. <br />20. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />in this Section, to the following persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714- 647-6956 <br />With courtesy copies to: <br />Nabil Saba <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax:714-647-5635 <br />To Contractor: <br />Cumming Management Group Inc. <br />Attention: Christine Marez, Senior Vice President <br />