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With courtesy copies to: <br />And <br />Chief of Police <br />City of Santa Ana <br />60 Civic Center Plaza (M -97) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647 -8007 <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 />Fax 714- 647 -6515 <br />To Consultant: <br />Pen -Link, Ltd. <br />5936 VanDervoort Drive <br />Lincoln, Nebraska 68516 <br />Fax 402- 421 -9287 <br />A party may change its address by giving notice in writing to the other parties. <br />Thereafter, any communication shall be addressed and transmitted to the new address. If sent <br />by mail, communication shall be effective or deemed to have been given three (3) days after it <br />has been deposited in the United States mail, duly registered or certified, with postage prepaid, <br />and addressed as set forth above. If sent by fax, communication shall be effective or deemed <br />to have been given twenty -four (24) hours after the time set forth on the transmission report <br />issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />12. EXCLUSIVITY AND AMENDMENT <br />This Agreement, the Contractor's terms and conditions on the invoice, and the <br />Contractor's end user license agreement except section 15 (attached as Exhibit "C ") represent <br />the complete and exclusive statement between the City, and Consultant, and supersedes any <br />and all other agreements, oral or written, between the parties. In the event of a conflict <br />between the terms of this Agreement and any attachments hereto, the terms of this Agreement <br />shall prevail. This Agreement may not be modified except by written instrument signed by the <br />City and by an authorized representative of Consultant. The parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, <br />the terms and conditions hereof, shall not bind or obligate Consultant or City. Each party to this <br />Agreement acknowledges that no representations, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any party, <br />which are not embodied herein. <br />20B -13 <br />