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II. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To CITY: Clerk 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 />and <br />Executive Director of the Finance and Management Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M -17) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />facsimile (714) 647 -5414 <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 />facsimile (714) 647 -6515 <br />To AUDITOR: Macias, Gini & O'Connell, LLP <br />Katherine V. Lai <br />4675 MacArthur Court, Ste 600 <br />Newport Beach, California 92660 <br />2 Facsimile (949) 221 -0035 <br />A party may 9§1 e lts il dddress 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. If sent by <br />facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after <br />the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set <br />forth above. For purposes of calculating these time frames, weekends, federal, state, County or City <br />holidays shall be excluded. <br />12. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the CITY and <br />AUDITOR, and supersedes any and all other agreements, oral or written, between the parties. In the <br />event 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 AUDITOR. The parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms <br />5 <br />