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<br />necessary materials, goods, services, utilities, or any other cause whether similar to the foregoing <br />which is beyond the reasonable control of Consultant and any such failure or delay due to said <br />causes. However, based upon such inability of Consultant to perform its duties, as identified in <br />this Agreement, City shall not be obligated to pay for its services not performed due to a force <br />majeure and shall be refunded any payments for the time period which Consultant does not <br />perform its obligations as defined in this Agreement. <br /> <br />11. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br /> <br />12. <br /> <br />NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <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 />telefacsimile (714) 647-6956 <br /> <br />With courtesy copies to: <br /> <br />Chief of Po lice <br />City of Santa Ana <br />60 Civic Center Plaza (M-97) <br />P.O. Box 1981 <br />Santa Ana, California 92702 <br /> <br />To Consultant: <br /> <br />Appriss, Inc. <br />332 West Broadway, Suite 1300 <br />Louisville, KY 40202 <br />Attn: Jefftey S. Byal, CEO <br /> <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any notice, tender, demand, delivery, or other cornmunication shall be addressed and transmitted <br />to the new address. If sent by mail, any notice, tender, demand, delivery, or other <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 /> <br />5 <br />