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shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication <br />in the manner provided in this Section, to the following persons: <br />To CITY: 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 />With courtesy copies to: <br />Fire Chief <br />City of Santa Ana <br />1439 S. Broadway <br />Santa Ana, California 92707 <br />telefacsimile (714) 647 -5779 <br />and <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 />To SAPPHIRE: <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />communication shall be addressed and transmitted to the new address. If sent by mail, <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 />addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed <br />to have been given twenty -four (24) hours after the time set forth on the transmission report issued <br />by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating <br />these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />10. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between CITY and <br />SAPPHIRE, 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 terms <br />of this Agreement shall prevail. This Agreement may not be modified except by written instrument <br />signed by CITY and by an authorized representative of SAPPHIRE. The parties agree that any <br />terms or conditions of any purchase order or other instrument that are inconsistent with, or in <br />addition to, the terms and conditions hereof, shall not bind or obligate SAPPHIRE nor CITY. Each <br />party to this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any <br />party, which are not embodied herein. <br />11. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of SAPPHIRE, <br />SAPPHIRE 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 />11wetrRtp5001 WsersE \kMbe, I weavendient e.nimde.el of sent..n.I o rev: 0611606 <br />