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<br />CONSULTANT NAME: City of Santa Ana <br /> <br />Contract No. C0809167 <br /> <br />16. Entire Agreement/Amendment: This AGREEMENT and any exhibits attached hereto <br />constitute the entire agreement among the parties to it and supersedes any prior or <br />contemporaneous understanding or agreement with respect to the services contemplated, and <br />may be amended only by a written amendment executed by both parties to the AGREEMENT. <br />17. Nondiscrimination: CONSULTANT agrees that it will not engage in unlawful <br />discrimination in employment of persons because of race, color, religious creed, national origin, <br />ancestry, physical handicap, medical condition, marital status, or sex of such persons. <br />18. Non-waiver: The failure ofDISTRlCT or CONSULTANT to seek redress for violation of, <br />or to insist upon, the strict performance of any term or condition of this AGREEMENT, shall not <br />be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act <br />from again constituting a violation of such term or condition. <br />19. Notlee: All notices or demands to be given under this AGREEMENT by either party to the <br />other, shall be in writing and given either by: (a) personal service or (b) U.S. Mail, mailed either <br />by registered or certified mail, return receipt requested, with postage prepaid. Service shall be <br />considered given when received, if personally served or if mailed, on the third day after deposit <br />in any U.S. Post Office. The address to which notices or demands may be given by <br />either party may be changed by written notice given in accordance with the notice provisions of <br />this section. At the date of this AGREEMENT, the addresses of the parties are as follows: <br /> <br />DISTRICT <br /> <br />CONSULTANT <br /> <br />Terry Fluent, Director of Purchasing <br />Capistrano Unified School District <br />33122 Valle Road <br />San Juan Capistrano, CA 92675 <br />(949) 234-9441 <br /> <br />City of Santa Ana <br />1801 Ease Chestnut A venue <br />Santa Ana, CA 92701 <br /> <br />(714) 647-6575 <br /> <br />20. Severability: If any term, condition or provision of this AGREEMENT is held by a court <br />of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will <br />nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated <br />in any way. <br /> <br />5/30108 <br /> <br />5 <br />