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In any action or proceeding between CITY and OPERATOR brought to interpret or enforce <br />this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT or is <br />based upon any term or provision contained herein, the prevailing party in such action or <br />proceeding shall be entitled to recover from the non -prevailing party, in addition to all other <br />relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the <br />prevailing party's reasonable attorneys' fees and litigation costs. Fees and costs recoverable <br />pursuant to this Section 17 include: those incurred during any appeal from an underlying <br />judgment and in the enforcement of any judgment rendered in any such action or proceeding. <br />18. 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 <br />person or mailed by first class or certified mail, postage prepaid, or sent by fax or other <br />telegraphic communication in the rnanner 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 />Copies to: Executive Director — Planning and Building Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M ;20) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-973-1461 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-647-6515 <br />To OPERATOR: Sign Co, LP <br />2401 S. Pullman St. <br />Santa Ana, CA 92705 <br />A party may change its address by giving signed notice in writing to the other party. <br />Thereafter, any communication shall be addressed and transmitted to the new address. If <br />sent by mail, communication shall be effective or deemed to have been given three (3) <br />business days after it has been deposited in the United States mail, duly registered or certified, <br />with postage prepaid, and addressed as set foit.h above. If sent by fax or email document <br />attachment, communication shall be effective or deemed to have been given twenty-four (24) <br />hours after the time set forth on the transmission report issued by the transmitting facsimile <br />10 <br />