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City of Santa Ana <br />20 Civic Center Plaza (M 14) <br />P.O. Box 1968 <br />Santa Ana, CA 92702 -1968 <br />Telefacsimile: 714- 647 -5304 <br />Email: cduarte@santa-ana.org <br />and City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O, Box 1988 <br />Santa Ana, CA 92702 <br />Telefacsimile: 714- 647 -6515 <br />To Consultant: <br />Russ Rezai <br />1nfoSend,Inc. <br />4240 E. La Palma <br />Anaheim, CA 92807 <br />Telefacsimile: 714- 993 -1306 <br />Email: russ.r @infosend.com <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any notice; tender, demand, delivery, or other communication shall be addressed and transmitted <br />to the new address. If sent by mail, any notice, tender, demand, delivery, or other <br />communication shall be effective or deemed to have been given three (3) days after it 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, any notice, tender, demand, delivery, or <br />other communication shall be effective or deemed to have been given twenty -four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile machine, <br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal, <br />state, County or City holidays shall be excluded. <br />10. EXCLUSIVITY AND AMENDMENT <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 <br />the event of a conflict between the terms of this Agreement and any attachments hereto, the <br />terms 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 Consultant. 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, that terms and conditions hereof, shall not bind or obligate Consultant nor <br />the City. Each party to this Agreement acknowledges that no representations, inducements, <br />25J -7 <br />