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whomsoever, in any way resulting from or arising out of CONTRACT'OR'S acts or omissions in <br />connection with this Agreement. including acts or omissions of subcontractors and acts or <br />omissions of employees or agents of CONTRACTOR or its subcontractors. <br />6. NOTICE <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 to the following persons: <br />To City: Clerk of the City Council <br />Citv 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 copy to: <br />Executive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />888 W. Santa Ana Blvd., Suite 200 <br />Santa Ana, California 92702 <br />telefacsimile (714) 571 -4221 <br />To Contractor: The Jumpin' Joz Band <br />Rick Joswick <br />340 Mavis Dirve <br />T,os Angeles, California 90065 <br />Telefacsimile (866) 214 -7177 <br />JURISDICTION - VENUE <br />']'his Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br />8. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Contractor, 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 Contractor. <br />