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Agreement No.D09-032 <br />- 4.3 Assignment This Agreement shall be binding upon and inure to the benefit of <br />the successors and assigns of the Parties. No assignment of City's interest in this Agreement <br />shall be made without the written consent of County. Furthermore, City agrees that CAP Funds <br />shall not be expended on, given to, shared with, or otherwise provided to any other city, local <br />agency or other entity that is not contemplated under this Agreement. <br />4.4 Entirety & Amendments This Agreement contains the entire agreement between <br />the Parties with respect to the matters provided for herein. No alteration or variation of the terms <br />of this Agreement shall be valid unless made in writing and signed by the Parties; no oral <br />understanding or agreement not incorporated herein shall be binding on either of the Parties; and <br />no exceptions, alternatives, substitutes or revisions are valid or binding on County unless <br />authorized by County in writing. <br />4.5 Severability If any part of this Agreement is held, determined, or adjudicated to <br />be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this <br />Agreement shall be given effect to the fullest extent reasonably possible. <br />4.6 Calendar Days Any reference to the word "day" or "days" herein means <br />calendar day or calendar days respectively, unless .otherwise expressly provided. <br />4.7 Notices Notices or other communications which may be required or <br />provided under the terms of this Agreement shall be given as follows: <br />City: Director of Public Works/City Engineer <br />Public Works Department <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />Phone 714-647-5654 <br />Facsimile 714-647-6954 <br />and <br />County: Director/Chief Engineer, OC Engineering <br />OC Public Works <br />County of Orange <br />PO Box 4048 <br />Santa Ana, CA 92702-4048 <br />Phone 714-667-3213 <br />Facsimile 714-834-2496 <br />All notices shall be in writing and deemed effective when delivered in person or deposited in the <br />United States mail, first class, postage prepaid and addressed as above. Notwithstanding the <br />above, the Parties may also provide notices by facsimile transmittal, and any such notice so <br />given shall be deemed to have been given upon receipt during normal business hours or, in the <br />event of receipt after business, on the following business day. Any notices, correspondence, <br />Page 4 of 6 <br />