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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: Bobby Nava Advertising & Entertainment Agency <br />Attn: Bobby Nava <br />4959 Palo Verde St,, Bldg. 203B, Montclair CA 91763 <br />Mailing Address: P,O, Box 828, Pomona, CA 91769 <br />Phone: 909 - 629 -5252/ FAX: 909 - 629 -1818 <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any comrmmication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to <br />have been given twenty -four (24) hours after the time set forth on the transmission report issued <br />by the transmitting facsimile machine, addressed asset forth above. For purposes of calculating <br />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 <br />Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral <br />or written, between the parties. In the event of a corrflict between the terms of this Agreement <br />and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not <br />be modified except by written instrument signed by the City and by an authorized representative <br />of Consultant. The parties agree that any tens or conditions of any purchase order or other <br />instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not <br />bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no <br />representations, inducements, promises or agreements, orally or otherwise, have been made by <br />airy party, or anyone acting on behalf of any party, which are not embodied herein. <br />12. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of the City and any such assignment, transfer, delegation or subcontract without <br />the City's prior written consent shall be considered null and void, Nothing in this Agreement <br />shall be construed to limit the City's ability to have any of the services which. are the subject to <br />this Agreement performed. by City personnel or by other consultants retained by City. <br />13. TERMINATION <br />This Agreement maybe terminated by the City upon thirty (30) days written notice of <br />ternnination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant <br />251 -23 <br />