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7. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br />8. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in <br />writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, <br />postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this <br />Section, to the following persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />With courtesy copy to: Parks, Recreation and Community Services Agency <br />City of Santa Ana <br />26 Civic Center Plaza <br />Santa Ana, California 92702 <br />Fax 714- 571-4211 <br />To Contractor: Daktronics, Inc. <br />201 Daktronics Drive <br />BROOKINGS, SD 57006 <br />Phone: 800-325-8766 <br />Daktronics Contact: Teresa Brown <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 shall be <br />effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly <br />registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, <br />communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on <br />the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes <br />of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />9. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Contractor, and <br />supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between <br />the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This <br />Agreement may not be modified except by written instrument signed by the City and by an authorized <br />representative of Contractor. The parties agree that any terms or conditions of any purchase order or other <br />instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate <br />Proposal Date: 29 February 2012; Revised: 19 September 2012 <br />Order No. E13750-1 <br />Copyright © Daktronics, Inc. DF-2939 Rev113011 25E-5r e 3 of 12