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P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 57I -4221 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (NI-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647-6515 <br />To Consultant: Naka Engineering & Construction, Inc, <br />Nader Alex Kazemi, Principal Engineer, CEO <br />P,O. Box 54442 <br />Irvine, California 92619 <br />Phone: (949) 295-7578 <br />Facsimile: (949) 679-0600 <br />A party may change its address by giving notice in writing to the other party, If sent by <br />mail, communication shall. be effective or deemed to have been given three (3) days after it has <br />been deposited in the United States nail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by telefacsirnile, communication shall be effective or <br />deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br />report issued by the transmitting facsimile machine, addressed as set t1orth above. For purposes <br />of calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />10. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In <br />the event of a conflict between the terms of this Agreement and any attachments hereto, the <br />terms of this Agreement shall prevail. 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 inconsistent <br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate either <br />Consultant or 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 />11. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of the City and any such assigiunent, transfer, delegation or subcontract without <br />the City's prior written consent shall be considered null and void. Nothing in this Agreement <br />