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<br />To Consultant; <br /> <br />Advanced Transportation Concepts Group, fnc. <br />John Thai <br />14 Sorenson <br />Irvine. California 92602 <br />telefacsimile (714) 210-9161 <br /> <br />A party may change its address by giving notice in "Titing to the other party. Thereaner, <br />any 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 aftcr it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth abovc. If sent by telefacsimile, communication shall be el1ective or <br />deemed to have been given twenty-four (24) hours aller the time sct forth on the transmission <br />report issued by the transmitting facsimile machine, addressed as set forth above. for purposes <br />of calculating these time frames, weekends, fcderal, state, County or City holidays shall be <br />excluded. <br /> <br />IO, EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement hetween 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 or this Agreement and any attachments hereto, the <br />terms or 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 obI igate Consultant nor <br />the City. Fach party to this Agreement acknowledges that no representations, inducements, <br />prumises or agreements, orally or otheruiise, have been made by any party, or anyone acting un <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 />Consul1ant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent oflhe 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 />shall be construed to limit the City's ability to have any of the services which are the subject to <br />this ^greement performed by City personnel or by other consultants retained by City. <br /> <br />12. TERMINATION <br /> <br />This Agreement may be terminated hy the City upon thirty (30) days written notice of <br />termination. In such event, Consultant shall be entitled to rceeive and the City shall pay Consultant <br />compensation for all services performed by Consultant prior to receipt of such notice of termination, <br />subject to the following conditions: <br /> <br />5 <br />