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(c) In the event of CONTRACTOR'S failure to render timely performance under this <br />Agreement, nothing in this Agreement shall be construed to limit the CITY'S ability to have any <br />of the services which are the subject to this Agreement performed by CITY personnel or by <br />other CONTRACTORs retained by CITY. <br />13. WAIVER OF DEFAULT <br />Waiver of any default by either party to this Agreement shall not be deemed to be waiver <br />of any subsequent default. Waiver or breach of any provision of this Agreement shall not be <br />deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a <br />modification of the terms of this Agreement unless this Agreement is modified as provided <br />below. <br />14. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic <br />communication in the manner provided 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 />Executive Director - Finance & Management Services Agency (FMSA) <br />City of Santa Ana <br />20 Civic Center Plaza (M-17) <br />P.O. Box 1988 <br />Santa Ana, California 92701 <br />Fax: 714-647-5414 <br />Treasury & Customer Services Manager (FMSA) <br />City of Santa Ana <br />20 Civic Center Plaza (M-15) <br />P.O. Box 1964 <br />Santa Ana, California 92701 <br />Fax: 714-647-5456 <br />City Attorney - 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 />H <br />