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Executive Director -Community Development Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-25) P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647-6549 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647-6515 <br />To Consultant: Kosmont & Associates, Inc. <br />doing business as "Kosmont Companies" <br />Attn: Larry J. Kosmont, CRE <br />1601 N. Sepulveda Blvd., #382 <br />Manhattan Beach, CA 90622 <br />A party 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, <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 addressed <br />as set forth above. If sent by fax, communication shall be effective or deemed to have been given <br />twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting <br />facsimile machine, addressed as set forth above. For purposes of calculating these time frames, <br />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 />Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or <br />written, between the parties. In the event of a conflict between the terms of this Agreement and any <br />attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br />except by written instrument signed by the City and by an authorized representative of Consultant. <br />The parties agree that any terms or conditions of any purchase order or other instrument that are <br />inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate <br />Consultant or the City. Each party to this Agreement aelmowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, which are not embodied herein. <br />14. 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 assignment, transfer, delegation or subcontract without the <br />Page 6 of 9 <br />