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F.Qb 01 02 11:25a Motorola PC 714-377-5919 p.5 City Attorney City of SPota Ann 20 Civic Center Plaza (M429) P.O. Box 1988 Santa An&, California 92702 telefacsimile (714) 647-6515 To Motorola; Motorola, Inc. Atm. Contract and Compliance Manager 9800 Carroll Canyon Road San Diego, California 92131 telefar,simile A party may change its address by giving notice in writiri.g to the outer party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, dernauod, delivery, or other communication shall be effective or deemed to have been given. twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine) addressed as sett forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 7. EXCLUSIVITY AND AM1ElvDlVillENT This Agreement represents the complete and exclusive statement between the City and Motorola, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be tnodifted except by written instrument signed by the City and by an authorized representative of Motorola. The patties agree that any terms or condition$ of any port base order or other insttvment that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Motorola nor the City. Each party to this Agreement, acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have beers made by any party, or anyone acting on behalf of any party, which arc mot embodied herein. S. ASSIGNMENT This agreement may riot be assigned by tither party without the prior consent of the other party axcept that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of the City. 1r0 d cam. ,,.,,....Mi...i .....qa�............... SLS9-zb9-tr .x....._...._............... .... L�• � 3�I��f7 S.A3Nd0.LlH J,lI3 FEB 01 2002 14:41 _ 714 3'?7 5919 PAGE.05