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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> To City: Clerk of the City Council <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1988 <br /> telefacsimile (714) 647-6956 <br /> With copy to: Executive Director of Parks, Recreation and Community Services <br /> City of Santa Ana <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> <br /> To Concessionaire: Knowlwood Enterprises, Inc. <br /> 17654 Newhope Street, Suite H <br /> Fountain Valley, CA 92708 <br /> Fax: 714-729-9214 <br /> <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 telefacsimile, communication shall be effective or <br /> deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br /> report issued by the transmitting facsimile machine, addressed as set forth above. For purposes <br /> of calculating these time frames, weekends, federal, state, County or City holidays shall be <br /> excluded. <br /> <br /> 9. EXCLUSIVITY AND AMENDMENT <br /> This Agreement represents the complete and exclusive agreement between the City and <br /> Concessionaire, and supersedes any and all other agreements, oral or written, between the <br /> parties. In the event of a conflict between the terms of this Agreement and any attachments <br /> hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except <br /> by written instrument signed by the City and by an authorized representative of Concessionaire. <br /> The parties agree that any terms or conditions of any purchase order or other instrument that are <br /> inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate <br /> Concessionaire nor the City. Each party to this Agreement acknowledges that no representations, <br /> inducements, promises or agreements, orally or otherwise, have been made by any party, or <br /> anyone acting on behalf of any party, which are not embodied herein. <br /> <br /> 10. ASSIGNMENT <br /> Inasmuch as this Agreement is intended to secure the specialized services of <br /> Concessionaire, Concessionaire may not assign, transfer, delegate, or subcontract any interest <br /> herein without the prior written consent of the City and any such assignment, transfer, delegation <br /> or subcontract without the City's prior written consent shall be considered null and void. Nothing <br /> <br /> <br /> 4 <br /> 25N-6 <br />