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<br /> <br /> <br /> <br /> <br /> 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 /> telefacsimile (714) 647-6515 <br /> <br /> To Consultant: <br /> <br /> INSERT NAME, ADDRESS, TELEFACSIIVILE <br /> <br /> <br /> <br /> Attn: <br /> <br /> <br /> A party may change its addre s s by ~ i i ng notice in wri t i n ~ to the oth e r p a rty . There after, <br /> any notice, tender, demand, delivery, or other communication shall be addressed and transmitted <br /> to the new address. If sent by mail, any notice, te~~der, dema~ld, delivery, or other <br /> communication shall be effective or deemed to hay-re been liven 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, any notice, tender, demand, delivery, or <br /> other communication shall be effective or deemed to have been given twenty-four (24) hours <br /> after the time set forth on the transmission report issued by the transmitting facsimile machine, <br /> addressed as set forth above. For purposes of calculating these time frames, weekends, federal, <br /> state, County or City holidays shall be excluded. <br /> <br /> 10. EXCLUSIVITY AN D AMEND NEE NT <br /> <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 terr~ns of this Agreement and any attachments hereto, the <br /> terms of this Agreement shall prevail. This Agreement may not be modified except by written <br /> Instrument signed. by the City and ~by an authorized representative of Consultant. The parties <br /> agree that any terms or conditions of any purchase order or other instrument that are inconsistent <br /> with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor <br /> the City. Each party to this Agreement acknowledges that no representations, inducements, <br /> promises or agreements, orally or otherwise, have been made by any party, or anyone acting on <br /> behalf of any party, which are not embodied herein. <br /> <br /> 11. ASSIGNMENT <br /> <br /> Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br /> Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br /> written consent of the City and any such assignment, transfer, delegation or subcontract without <br /> the City's prior written consent shall be considered null and void. Nothing in this Agreement <br /> <br /> <br /> 5 <br />