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The City of Santa Ana Parks, Recreation and Community Services Agency Letter of Agreement 7 January 11, 2008 warranty with respect to their product, The City of Santa Ana Parks, Recreation and Community Services Agency acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees or agents, have made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms therefore, and The City of Santa Ana Parks, Recreation and Community Services Agency agrees to look solely to such manufacturers for any such warranty and/or guarantee. 6. GENERAL 6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage property prepaid, or by personal delivery addressed as follows: To: Helen Zimmerman, Manager Contracts & Risk Management KaBOOM! 4455 Connecticut Ave., NW, Suite B100 Washington, DC 20008 USA 202-659-0215 Copy To: Shannon Wilk, Client Services Coordinator (use same KaBOOM! address above) To Corporation: Gerardo Mouet, Executive Director THE CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERViCES AGENCY 888 W. Santa Ana Blvd. Suite 200 Santa Ana, CA 92701 714-571-4204 6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the aggregate, be signed by all parties and each counterpart shall be deemed an original instrument as against any party who has signed ft. 6.3. Governing Law. The laws of the State of Illinois, without reference to its choice of law provisions, shall govern the interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbitration) arising out of or under the terms of this Agreement. 6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates, successor, and personal representatives ofthe parties to this Agreement, exceptto the extent of any contrary provision in this Agreement. 6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. If any provision of this Agreement, or any portion thereof, is found to be invalid, illegal, or unenforceable, under any appiicab!e statute or rule of law, then such provision or portion thereof shall be deemed omitted, and the validity, legality and enforceabiltty of the remaining provisions shali not in any way be affected or impaired thereby. Complete Agreement. This Agreement, when executed by the duly authorized representatives of ch party shall be the entire agreement between the parties as to the subject matter stated