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25C - FOUNTAIN MAINTENANCE
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07/19/2010
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25C - FOUNTAIN MAINTENANCE
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Last modified
1/3/2012 4:02:05 PM
Creation date
7/15/2010 1:25:06 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25C
Date
7/19/2010
Destruction Year
2015
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20 Civic Center Plaza (M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> telefacsimile (714) 647-6515 <br /> <br /> To Contractor: Deckside Pool Service <br /> 27758 Santa Margarita Parkway #194 <br /> Mission Viejo, California 92691 <br /> Telefacsimile (949) 713-7624 <br /> A party may change its address by giving notice in writing to the other party. Thereafter, <br /> <br /> communication shall be addressed and transmitted to the new address. If sent by mail, <br /> <br /> communication shall be effective or deemed to have been given three (3) days after it has been <br /> <br /> deposited in the United States mail, duly registered or certified, with postage prepaid, and <br /> <br /> addressed as set forth above. If sent by telefacsimile, communication shall be effective or <br /> <br /> deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br /> <br /> report issued by the transmitting facsimile machine, addressed as set forth above. For purposes <br /> of calculating these time frames, weekends, federal, state, County or City holidays shall be <br /> <br /> excluded. <br /> 10. EXCLUSIVITY AND AMENDMENT <br /> This Agreement represents the complete and exclusive agreement between the City and <br /> Contractor, and supersedes any and all other agreements, oral or written, between the parties. In <br /> <br /> the event of a conflict between the terms of this Agreement and any attachments hereto, the <br /> <br /> terms of 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 Contractor. The parties <br /> <br /> agree that any terms or conditions of any purchase order or other instrument that are inconsistent <br /> <br /> with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor <br /> <br /> the City. Each party to this Agreement acknowledges that no representations, inducements, <br /> <br /> promises or agreements, orally or otherwise, have been made by any party, or anyone acting on <br /> <br /> behalf of any party, which are not embodied herein. <br /> 11. ASSIGNMENT <br /> Inasmuch as this Agreement is intended to secure the specialized services of Contractor, <br /> Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior <br /> <br /> written consent of the City and any such assignment, transfer, delegation or subcontract without <br /> <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 /> <br /> this Agreement performed by City personnel or by other Contractors retained by City. <br /> 12. TERMINATION AND DAMAGES <br /> 5 <br /> 25C-7 <br /> <br />
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