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25F - AGMT - SCGC PARTNERSHIP
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02/02/2016
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25F - AGMT - SCGC PARTNERSHIP
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Last modified
1/28/2016 4:32:05 PM
Creation date
1/28/2016 3:48:09 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
2/2/2016
Destruction Year
2021
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4. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: <br />"25.1 TERM <br />This Agreement shall be effective as of the Effective Date. Subject to Section 37 (as <br />defined in the PIP), the Agreement shall continue in effect until March 31, 2019 unless otherwise <br />terminated in accordance with the provisions of Section 25.2 or 30 <br />(as defined in the PIP)." <br />5. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the following: <br />"26. WRITTEN NOTICES <br />Any written notice, demand or request required or authorized in connection with this <br />Agreement, shall be deemed properly given if delivered in person or sent by nationally recognized <br />overnight courier, or first class mail, postage prepaid, to the address specified below, or to another <br />address specified in writing by a Party as follows: <br />The City: <br />City of Santa Ana <br />Executive Director, Public Works Agency <br />20 Civic Center Plaza, M -21 <br />City of Santa, CA 92701 <br />Tel: (714) 647-5654 <br />Fax: (714) 647-5622 <br />SCG: <br />Southern California Gas Company <br />Paulo Morals, Energy Programs Supervisor <br />555 W. Fifth Street, GT20B4 <br />Los Angeles, CA 90013 <br />Tel: (213) 244 -3246 <br />Fax: (213) 244-8252 <br />Email: PMorais @semprautilities.com <br />Notices shall be deemed received (a) if personally or hand- delivered, upon the date of delivery to the <br />address of the person to receive such notice if delivered before 5:00 p.m. PST (or PDT, as <br />applicable), or otherwise on the Business Day following personal delivery; (b) if mailod, three (3) <br />Business Days after the date the notice is postmarked; or (c) if by overnight courier, on the Business <br />Day following delivery to the overnight courier within the time limits set by that courier for next -day <br />delivery," <br />6. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed to be an <br />original, but all of which together shall be deemed to be one and the same instrument. <br />7. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit B attached <br />to this Second Amendment, which attached version is incorporated herein by reference and made a part of the <br />Agreement. <br />General. From and after the Second. Amendment Effective Date, any reference to the Agreement contained in any <br />notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Agreement, as <br />amended by any prior amendments to the Agreement, and this Second Amendment. In the event of any conflict <br />between the Agreement, as amended, and this Second Amendment, this Second Amendment shall prevail. All <br />remaining provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully <br />responsible for ensuring that the person signing this Second Amendment on that party's behalf has the requisite legal <br />authority to do so. <br />25F -4 <br />
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