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and, <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 />To Operator: <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 new <br />address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be <br />effective or deemed to have been given three (3) days after it has been deposited in the United States <br />mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes <br />of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />26_ CONTRACT ADMINISTRATOR <br />The Executive Director of Parks Recreation and Community Services Agency, or his/her <br />designee, shall be City's Contract Administrator for this Agreement and all approval and notices <br />required to be given herein shall be so directed and addressed. <br />27. COMPLIANCE WITH LAWS <br />Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, <br />regulations, and requirements of all governmental entities, including federal and state, county and <br />municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's <br />facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter <br />enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a <br />proceeding brought against Operator by any government entity, that Operator has violated any such <br />statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and <br />shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits <br />and other governmental approvals, required in connection with Operator's activities hereunder, and <br />update such permits/approvals as necessary. <br />28. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Operator, and supersedes any and all other agreements, oral or written, between the parties. In the <br />event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, <br />the terms of this Agreement shall prevail. This Agreement may not be modified except by written <br />28 <br />19D-30