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<br /> pg. 9
<br /> Attention: General Manager
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<br />A party may change its address by giving signed notice in writing to the other party.
<br />Thereafter, any communication shall be addressed and transmitted to the new address. If
<br />sent by mail, communication shall be effective or deemed to have been given three (3)
<br />business days after it has been deposited in the United States mail, duly registered or
<br />certified, with postage prepaid, and addressed as set forth above. If sent by fax or email
<br />document attachment, communication shall be effective or deemed to have been given
<br />twenty-four (24) hours after the time set forth on the transmission report issued by the
<br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating
<br />these time frames, weekends, federal, state, County or City holidays, or City Hall closure
<br />dates shall be excluded.
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<br />15. Exclusivity and Amendment.
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<br />This AGREEMENT represents the complete and exclusive statement between CITY and
<br />OPERATOR with respect to the matters set forth in this agreement, and supersedes any
<br />and all other agreements, oral or written, between the parties. This AGREEMENT may not
<br />be modified except by written instrument signed by CITY and by an authorized
<br />representative of OPERATOR. Each party to this AGREEMENT acknowledges that no
<br />representations, inducements, promises or agreements, orally or otherwise, have been
<br />made by any party, or anyone acting on behalf of any party, which are not embodied herein.
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<br />16. Assignment.
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<br />The terms, covenants and conditions contained in this AGREEMENT shall be binding
<br />upon and inure to the benefit of the successors and assigns of the parties hereto.
<br />OPERATOR shall have the right to assign or transfer all or any portion of its interest in this
<br />AGREEMENT to any buyer, owner, or manager of the Subject Property or any interest
<br />therein. If any conveyance or transfer of OPERATOR’s interest in the Subject Property shall
<br />occur, the transferor shall be automatically relieved of any and all obligations and liabilities
<br />on the part of OPERATOR accruing from and after the date of such transfer, provided that
<br />the transferee shall assume the same. Notwithstanding the foregoing, any other assignment
<br />or transfer by OPERATOR without the prior written consent of CITY shall be considered null
<br />and void.
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<br />17. Discrimination.
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<br />OPERATOR shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
<br />termination or other employment related activities. OPERATOR affirms that it is an equal
<br />opportunity employer and shall comply with all applicable federal, state and local labor laws
<br />and regulations.
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<br />18. Jurisdiction-Venue.
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<br />This AGREEMENT has been executed and delivered in the State of California and the
<br />validity, interpretation, performance, and enforcement of any of the clauses of this
<br />AGREEMENT shall be determined and governed by the laws of the State of California.
<br />Both parties further agree that Orange County, California, shall be the venue for any action or
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