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FVCCLLtivc Director <br />Pmbhe Works Agency <br />City ol' Santa Ana <br />20 Civic Centpr' Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />To Consultant: United Stornr Water, Inc. <br />Attn: Eduardo Perry, Jr. <br />1 1000 F Valley Blvd <br />City of Tndustry, CA 91745 <br />Fax: (626) 961-3166 <br />A party may change its addres3 by giving notice in writing to the other party. 'I'hercafter, <br />airy communication shall be addressed and u-ansmilted 10 the new address. 11'sent by mail, <br />contnuuiication shall be cllcclive 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 />untefrantes, weekends, federal, state, County or City holidays shall be CXChlded- <br />14. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant rcgarding the subject mattes herein, and supa-scdcs any and all other agrcctncrtts, oral <br />or written, between the parties. In the event of a conflict between the terms of this Agreement and <br />arry attachments 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 all authorized representative of <br />Consultant. The parties agrec that any tams or conditions of an-v purchase order or other <br />instrumcm that are inconsistent with, or in addition to, the terms and conditions hereof, shall not <br />bind or obligate Consultant or the City. liach party to This Agreerent acknowledges that no <br />representations, inducements, promises or agreements, oral ly or otherwise, have been made by any <br />party, or anyone acting on behal f of ally party, which are not embodied herein. <br />15. ASSIGNMENT <br />hursnnrch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any intca-cst hC7eilr without tlrc prior <br />written consent of the City and any such assignment, transfer, delegatiotr or subeontracl without <br />The City's prior written consent shall be considered null and void. Nothing in this Agreement shall <br />be construed to limit the City's ability to have Lilly of the services which are the subject to this <br />Agreement performed by City personnel or by other Consultants retained by City. <br />City Council 26 — 136 6/15/2021 <br />Pagc 6 ol'8 <br />