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• <br />Fa! MSRC AB 2766 Discretionary Fund <br />Alternative Fuels Subvention Fund Match Program <br />Contract No. AB 2766/50102 <br />22. PRE -CONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD receipt of a fully <br />executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal <br />Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in <br />anticipation of a formal Contract. If a formal Contract does result, pre -contract cost expenditures <br />authorized by the Contract will be reimbursed in accordance with the cost schedule and payment <br />provision of the Contract. <br />23. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the <br />persons listed below, or to other such addresses or addressees as may hereafter be designated in <br />writing for notices by either party to the other. A notice shall be deemed received when delivered or <br />three days after deposit in the U. S. Mail, postage pre -paid, whichever is earlier. <br />AQMD: <br />South Coast Air Quality Management District <br />21865 Copley Drive <br />Diamond Bar, CA 91765 <br />Attn: Phil Yenovkian <br />CONTRACTOR: <br />City of Santa Ana <br />20 Civic Center Plaza (M-83) <br />Santa Ana, CA 92702 <br />Attn: Mr. Terry Price <br />24. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto <br />related to CONTRACTOR providing services to AQMD and there are no understandings, <br />representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, <br />or modification of any of the provisions herein shall be binding on any party unless in writing and <br />signed by the party against whom enforcement of such waiver, alteration, or modification is sought. <br />