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<br /> <br /> <br /> <br /> <br /> <br /> Fax 714-647-6956 <br /> With courtesy copies to: <br /> Executive Director of the Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-36) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Fax 714-647-5635 <br /> 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 /> Fax 714-647-6515 <br /> To Consultant: The Planning Center <br /> 3 MacArthur Place, Suite 1100 <br /> Santa Ana, California 92707 <br /> Fax 714-966-9221 <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, communication <br /> shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br /> States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by <br /> facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after <br /> the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set <br /> forth above. For purposes of calculating these time frames, weekends, federal, state, County or City <br /> holidays shall be excluded. <br /> 12. EXCLUSIVITY AND AMENDMENT <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 the event <br /> of a conflict between the terms of this Agreement and any attachments hereto, the terms of this <br /> Agreement shall prevail. This Agreement may not be modified except by written instrument signed by <br /> the City and by an authorized representative of Consultant. The parties agree that any terms or conditions <br /> of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br /> conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement <br /> acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have <br /> been made by any party, or anyone acting on behalf of any party, which are not embodied herein. <br /> 13. ASSIGNMENT <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 written <br /> consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior <br /> written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit <br /> the City's ability to have any of the services which are the subject to this Agreement performed by City <br /> personnel or by other consultants retained by City. <br /> <br /> <br /> 5 <br /> 25F-9 <br />