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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, communication shall be effective or deemed to have
<br />been given twenty-four (24) hours after the time set forth on the transmission report issued by the
<br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
<br />time frames, weekends, federal, state, County or City holidays shall be excluded.
<br />26. CONTRACT ADMINISTRATOR
<br />The Executive Director of Parks Recreation and Community Services Agency, or his/her
<br />designee, shall be City' s Contract Administrator for this Agreement and all approval and, notices
<br />required to be given herein shall be so directed and addressed.
<br />27. COMPLIANCE WITH LAWS
<br />Operator shall obtain and maintain a permit issued by the Division of Industrial Safety of
<br />the Department of Industrial Relations of the State of California. In addition, Operator shall, at
<br />Operator's own cost and expense, comply with all statutes, ordinances, regulations, and
<br />requirements of all governmental entities, including federal and state, county and municipal,
<br />relating to Operator's use and occupancy of the Park and Carnival Area and, Operator' s facilities
<br />whether such statute, ordinances, regulations, and requirements be now in force or hereinafter
<br />enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a
<br />proceeding brought against Operator by any government entity, that Operator has violated any
<br />such statute, ordinance, regulation, or requirement shall be conclusive as between City and
<br />Operator and shall be considered grounds for termination of this Agreement by City. Operator will
<br />obtain all permits and other governmental approvals, required in connection with Operator's
<br />activities hereunder, and update such permits/approvals as necessary.
<br />28. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Operator, and supersedes any and all other agreements, oral or written, between the parties. In the
<br />event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
<br />this Agreement shall prevail. This Agreement may not be modified except by written instrument
<br />signed by the City and by an authorized representative of Operator. The parties agree that any
<br />terms or conditions of any purchase order or other instrument that are inconsistent with, or in
<br />addition to, the terms and conditions hereof, shall not bind or obligate Operator or the City. Each
<br />party to this Agreement acknowledges that no representations, inducements, promises or
<br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
<br />party, which is not embodied herein.
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