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12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this <br /> Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br /> mailed by first class or certified mail,postage prepaid,or sent by telefacsimile or other telegraphic <br /> communication in the manner provided in this Section, to the following persons: <br /> To City: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> Facsimile (714) 647-6956 <br /> Courtesy Copy: City Attorney <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Facsimile (714) 647-6515 <br /> To Attorneys: Steven J. Rothans, Esq. <br /> Carpenter, Rothans &Dumont, LLP <br /> 500 S. Grand Avenue, 19th Floor <br /> Los Angeles, CA 90071 <br /> Facsimile: (213) 228-0401 <br /> A party may change its address by giving notice in writing to the other party. Thereafter, any <br /> notice,tender,demand, delivery, or other communication shall be addressed and transmitted to the <br /> new address. If sent by mail,communication shall be effective or deemed to have been given three <br /> (3) days after it has been deposited in the United States mail, duly registered or certified, with <br /> postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall <br /> be effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br /> transmission report issued by the transmitting facsimile machine,addressed as set forth above. For <br /> purposes of calculating these time frames, weekends, federal, state, County or City holidays shall <br /> be excluded. <br /> 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and <br /> exclusive statement between the City and Attorneys, and supersedes any and all other agreements, <br /> oral or written,between the parties. In the event of a conflict between the terms of this Agreement <br /> and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not <br /> be modified except by written instrument signed by the City and by an authorized representative <br /> of Attorneys. The parties agree that any terms or conditions of any purchase order or other <br /> instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not <br /> bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no <br /> representations,inducements,promises or agreements, orally or otherwise,have been made by any <br /> party, or anyone acting on behalf of any parties, which are not embodied herein. <br /> 6 <br />