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12. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />in this Section, to the following persons: <br />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 Contractor: <br />Gerardo Monet <br />Executive Director <br />Parks, Recreation, and <br />Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza M -23 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />DMS Facility Services <br />1040 Arroyo Drive <br />South Pasadena, CA 91030 <br />A patty 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 AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Contractor <br />regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between <br />the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the <br />terms of this Agreement shall prevail. This Agreerent may not be modified except by written instrument <br />signed by the City and by an authorized representative of Contractor. The parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms <br />and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement <br />Exhibit 1 <br />25D -9 <br />