ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. (AEGIS, ITS) - 2009

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To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 with courtesy copies to: For traffic signal system maintenance: For street light maintenance: Traffic Signal and ATMS Maintenance Street Light Maintenance City of Santa Ana City of Santa Ana 20 Civic Center Plaza, M -43 20 Civic Center Plaza, M -21 Santa Ana, CA 92701 Santa Ana, CA 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6515 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806 -2856 telefacsimile (714) 666 -1123 Attn: Rodney Mathis A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.