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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 />Fax 714- 647-6956 <br />With courtesy copies to: <br />To Consultant: <br />Fred Mousavipour <br />Executive Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza M-36 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647-5622 <br />PENCO Engineering, Inc. <br />16842 Von Barman Avenue, Suite 150 <br />Irvine, CA 92606 <br />Attn: Jeffrey M. Cooper <br />949-753-8111 (office) <br />949-753-0775 (fax) <br />City Attorney's Office <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647-6515 <br />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. If sent by <br />fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time <br />set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />13. EXCLUSIVITY AND AMI'aNDMENT <br />This Agreement represents the complete and, exclusive statement between the City and <br />Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or <br />written, between the parties, hi the event of a conflict between the terms of this Agreement and any <br />attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br />except by written instrument signed by the City and by an authorized representative of Consultant. The <br />parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent <br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. <br />Each party to this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, <br />which are not embodied herein. <br />