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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 telefacsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <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 courtesy copies to: <br />Santa Ana Police Department <br />UASI / Homeland Security Division <br />60 Civic Center Plaza <br />and <br />P.O. Box 1981 (M-97) <br />Santa Ana, California 92702 <br />Telefacsimile (714) 245-8745 <br />Attn: Brian Sheldon <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) P.O. Box 1988 <br />Santa Ana, California 92702 <br />Telefacsimile (714) 647-6515 <br />To Consultant: Chief Financial Officer <br />MindTouch Inc. <br />401 West "A" Street, Suite 250 <br />San Diego, CA. 92101 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />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 deemed <br />to have been given twenty-four (24) hours after the time set forth on the transmission report issued <br />by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating <br />these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />11. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In <br />the event of a conflict between the terms of this Agreement and any attachments hereto, the terms <br />of this Agreement shall prevail. This Agreement may not be modified except by written instrument <br />signed by the City and by an authorized representative of Consultant. The parties agree that any <br />terms or conditions of any purchase order or other instrument that are inconsistent with, or in <br />addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. <br />Each party to this Agreement acknowledges that no representations, inducements, promises or <br />25E-6 Page 4 of 7