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Santa Ana, California 92702-1988 <br />Facsimile (714) 647.6515 <br />To Consultant: James DuLac <br />DuLao Enterprises <br />395 E. 0 Street, Unit 22 <br />Long Beach, CA 90802 <br />A party may change Its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. if sent by facsimile, 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 />11. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant regarding the subject matter herein, and supersedes any and all other agreements, <br />oral or written, between the parties. In the event of a conflict between the terms of this <br />Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve <br />to fully supersede existing Agreement. This Agreement may not be modified except by written <br />instrument signed by the City and by an authorized representative of Consultant. The parties <br />agree that any terms or conditions of any purchase order or other Instrument that are <br />inconsistent with, or in addition to, the terms or conditions hereof, shall not bind or obligate <br />Consultant nor the City, Each party to this Agreement acknowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or <br />anyone acting on behalf of any party, which are not embodied herein. <br />12. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of <br />Consultant, Consultant may not assign, transfer, delegate, or subcontract any Interest herein <br />without the prior written consent of the City and any such assignment,transfer, delegation or <br />subcontract without the City's prior written consent shall be considered null and void. Nothing in <br />this Agreement shall be construed to limit the City's ability to have any of the services which are <br />the subject to this Agreement performed by City personnel or by other consultants retained by <br />City, <br />13. TERMINATION <br />This Agreement may be terminated by the City with or without cause upon thirty (30) <br />days written notice of termination to the Consultant, In such event, Consultant shall be entitled <br />to receive and City shall pay Consultant, compensation for all services rendered prior to the <br />effective date of termination, <br />