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25G - AGMT - GREYHOUND LINES
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11/15/2016
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25G - AGMT - GREYHOUND LINES
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Last modified
11/10/2016 4:35:31 PM
Creation date
11/10/2016 4:29:32 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
11/15/2016
Destruction Year
2021
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prepaid, return receipt requested, as designated in this Section; or (ti) by messenger service for immediate personal <br />delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such <br />written notices, demands and communications may be sent in the same manner to such other addresses as either <br />Party may from time to time designate by written notice to the other Party. <br />2,1.2 All notices, demands and communications shall be sent, as follows: <br />TO LICENSEE: <br />Greyhound Lines, Ina <br />350 M Saint Paul Street <br />Dallas, TX 75201 <br />TO CITY: <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />Santa Ana, California 92701 <br />Attention, Executive Director of Public Works <br />AND <br />City Attorney's Office <br />City of Santa Ana <br />20 Civic Center Plaza (M29) <br />Santa Ana, California 92701 <br />Fax: (714) 647-6515 <br />2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal <br />Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender <br />or the date set forth on such return receipt, five (5) calendar days after deposit with the United States Postal Service. <br />Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon <br />the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of <br />the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be <br />deemed received upon telephonic verification of such receipt. <br />2.2 Amendment, With the exception of a reassignment of the License Area as described in section 1. 1, <br />this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed <br />by both Parties, <br />2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable <br />assistance to the other to the extent contemplated hereunder in the performance of all obligations under this <br />Agreement and the satisfaction of the conditions of this Agreement. <br />2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an <br />original. <br />2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of <br />time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. <br />2,6 Governing Law. This Agreement shall be governed by the laws of the State of California without <br />regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Orange, <br />California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal <br />proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court <br />located within or for Orange County, California. The Parties consent to the personal jurisdiction and venue in <br />federal or state court located within or for the County of Orange, California and hereby waive any defenses or <br />objections thereto including defenses based on the doctrine of forum non conveniens. <br />25G-8 <br />
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