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(iv) No waiver or modification of any of the provisions of this Agreement shall <br /> be valid unless in writing and signed by both of the parties; <br /> (v) Recipient's rights under this Agreement cannot be assigned to any third <br /> party without City's prior written consent and any attempted or purported <br /> assignment of this Agreement without City's consent shall be void; <br /> (vi) This Agreement constitutes the entire agreement and understanding <br /> between the parties with respect to the Confidential Information listed <br /> above, and supersedes all prior and contemporaneous negotiations, <br /> discussions, and understandings of the parties, whether written or oral. <br /> IN WITNESS THEREOF,THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF <br /> THE DATE FIRST WRITTEN ABOVE. <br /> City of Santa Ana Recipient <br /> By: By: <br /> Alvaro Nunez Name: Al Brown <br /> City Manager Title: CEO <br /> Recommended for Approval: Approved as to Form: <br /> SONIA R. CARVALHO <br /> City Attorney , <br /> By: <br /> Jac iulla Jonathan T.Martinez <br /> Chi Technology Assistant City Attorney <br /> Innovations Officer <br /> ATTEST. Y <br /> �nnifer L. all <br /> C <br /> CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT <br /> Page - 4 - <br />