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To Consultant:
<br />General Pump Company, Inc.
<br />159 N, Acacia Street
<br />San Dimas, CA 91773
<br />Fax 909-599-623 8
<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 fax, conamtinica,tion shall be effective or deen2cd to have
<br />been given twenty-four (24) hours after the time set fattli on the transanission report issued by the
<br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
<br />tiraae fratnes, weekends, federal, state, County or City holidays shall be excluded,
<br />13. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
<br />or written, between the parties. In the event of a conflict between the terms of this Agreement and
<br />any attachinerats hereto, the terms of this Agreement shall prevail. This Agreement may not be
<br />modified except by written instrument signed by the City and by an authorized representative of
<br />Contractor, The parties agree that any terms or conditions of any purchase order or other instrument
<br />that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
<br />obligate Contractor or the City. Each party to this Agreement acknowledges that no
<br />representations, inducements, promises or agreements, orally or otherwise, have been made by any
<br />party, or anyone acting on behalf of any party, wliic.h arc not embodied herein.
<br />14, ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
<br />Contractor may not assign, trar7sfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assigmnent, transfcr, delegation or subcontract withu at
<br />the City's prior written consent shall be considered. null and void. Nothing in this Agreement
<br />shall be construed to limit the City's ability to have any of the services which arc the subject to
<br />this Agreement performed by City personnel or by other consultants retained by City.
<br />15. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is hi writing and signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writirig so specifics.
<br />Page, 6 of 8
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