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10. NOTICE <br />Any notice, tender, demand, delivery, or other convrnmication 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: Cleric 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 />Facsimile: 714 - 647 -6956 <br />With courtesy copies to: <br />Public Works Agency — Construction Engineering <br />City of Santa Ana <br />20 Civic Center Plaza (M -22) <br />Santa Ana, California 92702 <br />Facsimile: 714 -647 -5058 <br />and 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 />Facsimile: 714- 647 -6515 <br />To Consultant: Joseph C. Truxaw and Associates, Inc. <br />Attn: Joseph G. Truxaw <br />265 S. Anita Drive, Suite 1 I1 <br />Orange, California 92868 <br />Facsimile: 714- 918 -6277 <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 facsimile, <br />communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth <br />on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For <br />purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. <br />11, EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Consultant, 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 terns of this Agreement shalt prevail. This <br />Agreement may not be modified except by written instrument signed by the City and by an authorized <br />representative of Consultant. 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 terns and conditions hereof, shall not bind or <br />obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, <br />inducements, 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 />25E -7 <br />