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City of Santa Ana <br />Proposal for Servloes <br />July 15, 2014 <br />Page B of 8 <br />day after it is sent; and if sent by certified or registered mail, return receipt requested, <br />upon receipt. In each case, notice shall be sent to the principal place of business of the <br />respective party. Either party may change its address by giving written notice thereof to <br />the other in accordance with the provisions of this paragraph. <br />K. Titles and Captions. Titles and captions contained in this Agreement are <br />inserted only as a matter of convenience and for reference and in no way define, limit, <br />extend or describe the scope of this Agreement or the Intent of any provision herein. <br />L. Governing Law. The statutory, administrative and judicial law of the State of <br />California (without reference to choice of law provisions of California law) shall govern <br />the execution and performance of this Agreement. <br />M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any <br />information concerning this Agreement to any persons or entities, other than to their <br />attorneys and accountants, or as otherwise may be required by law. <br />N. Counterparts. This Agreement may be executed in one or more counterparts, <br />each of which constitutes an original, and all of which together constitute one and the <br />same instrument. The signature of any person on a telecopy of this Agreement, or any <br />notice, action or consent taken pursuant to this Agreement shall have the same full force <br />and effect as such person's original signature. <br />0. Disclaimer. Consultant's financial analysis activities and work product, which <br />may include but is not limited to pro forma analysis and tax projections, are projections <br />only. Actual results may differ materially from those expressed in the analysis performed <br />by Consultant due to the integrity of data received, market conditions, economic events <br />and conditions, and a variety of factors that could materially affect the data and <br />conclusions. Client's reliance on Consultant's analysis must consider the foregoing. <br />Consultant services outlined and described herein are advisory services only. Any <br />decisions or actions taken or not taken by Client and affiliates, are deemed to be based <br />on Client's understanding and by execution of this Agreement, acknowledgement that <br />Consultant's services are advisory only and as such, cannot be relied on as to the <br />results, performance and conclusions of any investment or project that Client may or <br />may not undertake as related to the services provided including any verbal or written <br />communications by and between the Client and Consultant <br />Client acknowledges that Consultant's use of work product is limited to the purposes <br />contemplated within this Agreement. Consultant makes no representation of the work <br />product's application to, or suitability for use in, circumstances not contemplated by the <br />scope of work under this Agreement. <br />P. Limitation of Damages. In the event Consultant is found liable for any violation <br />of duty, whether in tort or in contract, damages shall be limited to the amount Consultant <br />has received from Client. <br />KOSMONT COMPANIES <br />866 South Figueroa Street 36°i Floor Los Angelos CA 90017 $ 213.417.3300 N213.417.3311 ww .kosmont.com <br />25B -16 <br />