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aid
<br />City of Santa Ana
<br />220 S. Daisy Avenue, Bldg A (M -85)
<br />Santa Ana, California 92703
<br />telefacsimile (714) 647 -3345
<br />Attn: Water Resources Manager
<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 />To Contractor: Houston- Harris PCS, Inc.
<br />21831 Barton Road
<br />Grand Terrace, California 92313
<br />Attn: Pam Houston
<br />A party may change its address by giving notice in writing to the other party. Thereafter, any
<br />notice shall be addressed and transmitted to the new address, If sent by mail, any notice, tender, demand,
<br />delivery, or other communication shall be effective or deemed to have been given three (3) days after it
<br />has been deposited in the United States mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other
<br />communication shall be effective or deemed to have been given twenty -four (24) hours after the time set
<br />forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
<br />above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays
<br />shall be excluded.
<br />12. EXCLUSMTY 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 the event
<br />of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
<br />Agreement: shall prevail. This Agreement may not be modified except by written instrument signed by
<br />the City and by an authorized representative of Contractor. The parties agree that any terms or conditions
<br />of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
<br />conditions hereof, shall not bind or obligate Contractor nor the City, Each party to this Agreement
<br />aclmowledges that no reprowntations, inducements, promises or agreements, orally or otherwise, have
<br />been made by any panty, or anyone acting on behalf of any party, which are not embodied herein,
<br />13, ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
<br />Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written
<br />consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
<br />written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
<br />the City's ability to have any of the services which are the subject to this Agreement performed by City
<br />personnel or by other consultants retained by City,
<br />25E -45
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