|
<br />"
<br />
<br />'-'
<br />
<br />..,;
<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 />telefacsimile (714) 647-6515
<br />
<br />To Consultant:
<br />
<br />Otterson & Associates
<br />211 Indianapolis Avenue
<br />Huntington Beach, California 92648-4322
<br />
<br />Attn: James D. Otterson
<br />
<br />A party may change its address by giving notice in writing to the other
<br />party. Thereafter, any notice, tender, demand, delivery, or other communication shall be
<br />addressed and transmitted to the new address. If sent by mail, any notice, tender, demand,
<br />delivery, or other communication shall be effective or deemed to have been given three (3) days
<br />after 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, any notice, tender, demand,
<br />delivery, or other communication shall be effective or deemed to have been given twenty-four
<br />(24) hours after the time set forth on the transmission report issued by the transmitting facsimile
<br />machine, addressed as set forth above, For purposes of calculating these time frames, weekends,
<br />federal, state, County or City holidays shall be excluded.
<br />
<br />10. EXCLUSIVITY AND AMENDMENT
<br />
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict between the terms of this Agreement and any attachments hereto, the
<br />terms of this Agreement shall prevail. This Agreement may not be modified except by written
<br />instrument signed by the City and by an authorized representative of Consultant. The parties
<br />agree that any terms or conditions of any purchase order or other instrument that are inconsistent
<br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
<br />the City. Each party to this Agreement acknowledges that no representations, inducements,
<br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
<br />behalf of any party, which are not embodied herein.
<br />
<br />11. ASSIGNMENT
<br />
<br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
<br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and void, Nothing in this Agreement
<br />
<br />5
<br />
|