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<br />Chief of Police <br />City of Santa Ana <br />60 Civic Center Plaza (M-97) <br />P.O. Box 1981 <br />Santa Ana, California 92702 <br />telefacsimile 714/ 245-8007 <br /> <br />and, <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br /> <br />A party may change its address by giving notice in writing to the other party. If sent <br />by mail, communication shall be effective or deemed to have been given three (3) days after <br />it has been deposited in the United States mail, duly registered or certified, with postage <br />prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be <br />effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or <br />City holidays shall be excluded. <br /> <br />12. EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement between the City <br />and Educator, and supersedes any and all other agreements, oral or written, between the <br />parties. In the event of a conflict between the terms of this Agreement and any attachments <br />hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br />except by written instrument signed by the City and by an authorized representative of <br />Educator. The parties agree that any terms or conditions of any purchase order or other <br />instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall <br />not bind or obligate Educator nor the City. Each party to this Agreement acknowledges that <br />no representations, inducements, promises or agreements, orally or otherwise, have been <br />made by any party, or anyone acting on behalf of any party, which are not embodied herein. <br /> <br />13. ASSIGNMENT <br /> <br />Inasmuch as this Agreement is intended to secure the specialized services of <br />Educator, Educator may not assign, transfer, delegate, or subcontract any interest herein <br />without the prior written consent of the City and any such assignment, transfer, delegation or <br />subcontract without the City's prior written consent shall be considered null and void. <br />Nothing in this Agreement shall be construed to limit the City's ability to have any of the <br />services which are the subject to this Agreement performed by City personnel or by other <br />Educators retained by City. <br /> <br />6 <br />