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<br /> <br /> <br /> With courtesy copies to: <br /> Public Works - Design Engineering <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 Contractor: Ocean Blue Environmental Services, Inc. <br /> Bill Piekkola <br /> 925 W. Esther Street <br /> Long Beach, CA 90813 <br /> Fax 562-624-4127 <br /> A party may change its address by giving notice in writing to the other party. Thereafter, any communication <br /> shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to <br /> have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with <br /> postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to <br /> have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting <br /> facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, <br /> County or City holidays shall be excluded. <br /> 11. EXCLUSIVITY AND AMENDMENT <br /> <br /> This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes <br /> any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this <br /> Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br /> except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that <br /> any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms <br /> and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that <br /> no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone <br /> acting on behalf of any party, which are not embodied herein. <br /> 12. ASSIGNMENT <br /> <br /> Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not <br /> assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such <br /> assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. <br /> Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to <br /> this Agreement performed by City personnel or by other consultants retained by City. <br /> 13. TERMINATION <br /> <br /> This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, <br /> Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor <br /> prior to receipt of such notice of termination, subject to the following conditions: <br /> <br /> 4 <br /> <br /> 25D-31 <br />