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10. CONFLICT OF INTEREST CLAUSE <br />Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, <br />that would conflict in any manner with performance of services specified under this Agreement. <br />H. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714-647-6956 <br />With courtesy copy to: <br />Personnel Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714-647-6930 <br />Attn: Edward Raya <br />To Attorneys: Liebert Cassidy Whitmore <br />6033 West Century Blvd., Suite 500 <br />Los Angeles, California 90045 <br />Fax 310-337-0560 <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, communication shall be effective or deemed to have been given three (3) days <br />after it has been 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 to have <br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the <br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time <br />frames, weekends, federal, state, County or City holidays shall be excluded. <br />12. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Attorneys, <br />and supersedes any and all other agreements, oral or written, between the parties. In the event of a <br />conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement <br />shall prevail. This Agreement may not be modified except by written instrument signed by the City and <br />by an authorized representative of Attorneys. The parties agree that any terms or conditions of any <br />purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions <br />hereof, shall not bind or obligate Attorneys 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 <br />party, or anyone acting on behalf of any party, which are not embodied herein. <br />25E-5