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EXHIBIT 3 <br />to comply with the contractual obligations of this Agreement and/or willfully, knowingly or <br />negligently breach any term, condition or requirement of the agreement, City may impose <br />sanctions including but not limited to damages (liquidated damages and or penalties) and /or any <br />other remedy available pursuant to the Agreement of the laws then in effect. <br />22. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />To City: <br />City Clerk <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />With courtesy copies to: <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Consultant: <br />Mark Thomas & Company, Inc. <br />Attn: Pat Sommerville, Associate Principal <br />3200 El Camino Real, Suite 290 <br />Irvine, CA 92602 <br />A party may change its address by giving notice in writing to the other parry. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by fax, communication shall be effective or deemed to have <br />been given 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 these <br />time frames, weekends, federal, state, County or City holidays shall be excluded. <br />23. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />