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15. PERSONNEL, EQUIPMENT AND MATERIALS <br />CONSULTANT represents that it has, or will secure at its own expense, all personnel, <br />equipment and materials required to perform the services required under this Agreement. All of <br />the services required under this Agreement will be performed by CONSULTANT or under its <br />supervision, and all personnel engaged in the work shall be qualified to perform such services. <br />CONSULTANT shall obtain the prior written approval of CITY to assign personnel to perform <br />work under this Agreement. <br />16. TERMINATION OF AGREEMENT <br />CITY shall have the right to terminate this Agreement for any reason on five (5) calendar <br />days written notice to CONSULTANT. CONSULTANT shall have the right to terminate this <br />Agreement for any reason on sixty (60) calendar days written notice to CITY. <br />17. FORCE MAJEURE <br />CONSULTANT shall not be liable for any failure to perform if acceptable evidence has <br />been submitted to CITY that failure to perform the Agreement was due to causes beyond the <br />control and without the fault or negligence of the CONSULTANT. Examples of such causes <br />include acts of God, civil disturbances, fire, war, or floods, but do not include labor -related <br />incidents, such as strikes or work stoppages. <br />18. NOTICES <br />Any notices, bills, invoices, or reports required by this Agreement shall be conclusively <br />deemed received on (a) the day of delivery if delivered by hand during CITY's regular business <br />hours; or (b) on the third business day following deposit in the United States mail, postage <br />prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from <br />time to time, designate in writing pursuant to the provisions of this section. <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 copy to: <br />City of Santa Ana <br />Public Works Agency <br />20 Civic Center Plaza M-21 <br />P.O. Box 1988 <br />Santa Ana, CA 9270 <br />To CONSULTANT: <br />We1lDyne/RxWest <br />Page 5 <br />