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20. reverability. If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of phis Agreement will remain in force and effect. 21. Waiver. The failure to enforce any provision of this Agreement shall not operate as a waiver thereof nor preclude the enforcement of any such provision in the future. All waivers shall be in writing and signed by the party to be charged. 22. Modification, This Agreement may be modified only by a written document signed by the parties hereto. The terms and conditions of this Agreement shall supersede any and all standard terms and conditions on either party's preprinted forms, including but not limited to Purchase Orders, Pickup Slips and Invoices• 23. Assignment. Neither party may assign this Agreement without the prior written consent of the other party. Any assignment in. violation of this provision will be null and void. Notwithstanding the foregoing, without the other party's consent, either party may assign this Agreement in whole or in part to an affiliated company or a successor in interest of all or substantially all of the assets of such party, provided that, in the case of an assignment by Client, such affiliated company or successor in interest satisfies PBPS' creditworthiness standards. A party making such assigmnent shall promptly notify the other party in writing. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 24, Governing Law. This Agreement shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law principles, irrespective of the fact that any one of the parties is now or may become a resident of a different state. 25. Notices. All notices, consents or waivers required or permitted in this Agreement shall be in writing and be deemed to have been duly given when (a) delivered personally; (b) upon transmission if sent by confirmed facsimile transmission; (c) upon delivery according to the records of an overnight courier service; or (d) upon USPS records if sent by certified mail (postage prepaid), using the fax numbers / addresses set forth immediately following the signatures of the parties hereto. A party may change its address for notice by notice satisfying the requirements of this paragraph 25. 26. Authorized Signature. Each party represents and warrants to the other that it has full and complete authority to enter and perform this Agreement and that the person signing in its behalf has been duly authorized to sign this Agreement. PBPS PITNEY BOWES PRESORT SERVICES, INC. Name: Title: Address: 10110 "I" Street Omaha, NE 68127 -1189 Phone: 402- 339 -6500 Fax: 402 -339 -6588 Date Sigr ATTEST By:— Name: Maria D. Ruizar Clerk of Council Proprietary and Confidential Information PBPS Contract Management – Rev November 2013 CLIENT CITY OF SANTA, ANA Name: David Cavazos Title: City Manager Phone: Fax: Date Signed: RECOMMENDED FOR APPROVAL Name: Page 4 of 14 25C -6