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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 />Fax 714- 647-6515 <br />To Contractor: Greater Southern California Towing, Inc. <br />Mr. Arturo Perez <br />2202 W. 5th St. <br />Santa Ana, California 92703 <br />Fax 714-558-7645 <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />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 <br />deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br />report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />9. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Contractor, and supersedes any and all other agreements, oral or written, between the parties. In <br />the event of a conflict between the terms of this Agreement and any attachments hereto, the terms <br />of this Agreement shall prevail. This Agreement may not be modified except by written <br />instrument signed by the City and by an authorized representative of Contractor. The parties <br />agree that any terms or conditions of any purchase order or other instrument that are inconsistent <br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor <br />the City. Each party to this Agreement acknowledges that no representations, inducements, <br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on <br />behalf of any party, which are not embodied herein. <br />10. ASSIGNMENT <br />a. Inasmuch as this Contract is intended to secure the specialized services of Contractor, <br />the Contractor may not sell, assign, transfer, delegate or subcontract any interest herein without <br />the prior written consent of City and any such sale, assignment, transfer, delegation or <br />subcontract without the City's prior written consent shall nullify and void any existing contract <br />with the City. <br />b. Unless previously approved by the City, the sale or transfer of the controlling interest <br />in a company shall be cause for immediate termination of this contract and the Contractor shall be <br />replaced on the Rotational Tow List by another company on an existing eligibility list or during a <br />future RFQ process.