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With courtesy copies to: <br /> Executive Director, <br /> Finance and Management Services Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-17) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Fax: (714) 647-5414 <br /> To Contractor: <br /> The Howard E.Nyhart Co., Inc. <br /> 5750 Castle Creek Pkwy STE 245 <br /> Indianapolis, IN 46250 <br /> A party may change its address by giving notice in writing to the other party. 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 /> 20. MISCELLANEOUS PROVISIONS <br /> a: Each undersigned represents and warrants that its signature herein below has the <br /> power, authority and right to bind their respective parties to each of the terms of <br /> this Agreement, and shall indemnify City fully, including reasonable costs and <br /> attorney's fees, for any injuries or damages to City in the event that such authority <br /> or power is not,in fact, held by the signatory or is withdrawn. <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br /> set forth in the body of this Agreement. <br /> [signature page to follow] <br /> Page 7 of 8 <br /> #2178086v1 <br />