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02/94/2014 11:40 176072793$2 POWERLUX CORPORATFON PAGE 03/06 <br />VILNOTICE <br />Any notice, tender, demand, drellvwy, or other communication pursuant to this <br />Agreement shall be In writing and shall be deemed to be properly given If delivered in <br />person or rnallad by test class or certified mall, postage prepaid, or sent by facsimile or <br />other telegraphlo communication to the following persons: <br />To City; Clerk of the City Council <br />City of Santa Ana <br />P.C. Sox 1988 M-80 <br />Santa Ana, CA 92702-1 H3 <br />8 <br />With Courtesy eopies to; <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />P.Q, Box 1988 M -21 <br />canto Anp, CA 92702 <br />And! City Attorney <br />City of Santa Ana <br />P.Q. Box 1988 M-29 <br />Santa Ana, CA 02702 <br />To Vendor: PowerLux Corporation <br />Mr, Kenneth Lau <br />2888wr CI Camino Real, Suite 333 <br />Carlsbad, California 92010 <br />VIII.EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complote and exalueive Watement betweell the City and <br />Vendor, and supersedes any and all other agreoments, oral ce written, between the <br />parties. In the event of a conflict Watson the tartrls of this Agreement and any <br />attachments hareto, the terms of this Agrcpmpnt Shall prevail. This Hgroament may not <br />he ml except w written instrument signed i)y the .City and by an authorized <br />rapreasOntative of Vendor, The partied aurae that any terms or conditions of any <br />purohnea order or other hratruhrantthat are Inconsistent with, or In addition to, the terms <br />and cnndltinns hereof, shat' not bind w pfal1900 Vendor nor the City. Each party to this <br />Agreement acknowledges that no rspranentmlves, Inducements, promises or <br />agreements, orally or otherwise, have been made by arty party, or anyone acting on <br />behalf of any party, whloh Is not embodied herein. <br />IX.AWONMENT <br />Inaamuoh as this Agreement Ia Intonded to secure the apsoiailled carvines of Vender, <br />Vendor may not assign, transfer, delegate, or aubeentract any Intoro4t l In wiihoul <br />prior written consent of the City, and any such assignment, transfer, delegation or <br />subcontract Without the City's prior written consent shall he considered nO and vuid, <br />Nothing In thle Agreement shall be canstrusd to limit the City's ability to have any of the <br />aV3NiG8a which are the subject to this Agreement performed lay the City personnel or by <br />251 -23 <br />