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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
<br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United
<br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For
<br />purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be
<br />excluded.
<br />26. CONTRACT ADMINISTRATOR
<br />The Executive Director of Parks Recreation and Community Services Agency, or his/her
<br />designee, shall be City's Contract Administrator for this Agreement and all approval and notices required
<br />to be given herein shall be so directed and addressed.
<br />27. COMPLIANCE WITH LAWS
<br />Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the
<br />Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's
<br />own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all
<br />governmental entities, including federal and state, county and municipal, relating to Promoter's use and
<br />occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances,
<br />regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of
<br />competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any
<br />government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall
<br />be conclusive as between City and Promoter and shall be considered grounds for termination of this
<br />Agreement by City. Promoter will obtain all permits and other governmental approvals, required in
<br />connection with Promoter's activities hereunder, and update such permits /approvals as necessary.
<br />28. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and Promoter,
<br />and supersedes any and all other agreements, oral or written, between the parties. In the event of a
<br />conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of
<br />this Agreement shall prevail. This Agreement may not be modified except by written instrument signed
<br />by the City and by an authorized representative of Promoter. Each party to this Agreement acknowledges
<br />that no representations, inducements, promises or agreements, orally or otherwise, have been made by any
<br />party, or anyone acting on behalf of any parties, which are not embodied herein.
<br />29. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter
<br />may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of
<br />the City and any such assignment, transfer, delegation or subcontract without the City's prior written
<br />consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's
<br />ability to have any of the services which are the subject to this Agreement performed by City personnel or
<br />by other Promoters retained by City.
<br />30. NON - DISCRIMINATION
<br />Promoter shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
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