Agenda Packet_2022-01-18 - Laserfiche WebLink

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2. MISCELLANEOUS TERMS 2.1 Notices.Demands and Communications between the Parties. 2.1.1 Formal notices,demands and communications between Licensee and City shall be deemed sufficiently given if (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid,return receipt requested,as designated in this Section; or(ii)by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Parry may from time to time designate by written notice to the other Party. 2.1.2 All notices,demands and communications shall be sent, as follows: TO LICENSEE: TO CITY: Greyhound Lines,Inc. Public Works Agency 350 N. Saint Paul Street City of Santa Ana Dallas,TX 75201 20 Civic Center Plaza(M-22) Santa Ana, California 92701 Attention: Executive Director of Public Works AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza(M29) Santa Ana, California 92701 Fax: (714) 647-6515 2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received,regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt,five(5)calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 2.2 Amendment. With the exception of a reassignment of the License Area as described in section 1.1, this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied,time shall be deemed of the essence. 5 City Council 12 — 8 1/18/2022