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(9) <br />CITY OF SANTA ANA <br />A party may change its address by giving notice in writing to the other party. Thereafter, any communication <br />shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed <br />to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, <br />with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed <br />to have 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 time frames, <br />weekends, federal, state, County or City holidays shall be excluded. <br />21. MISCELLANEOUS PROVISIONS <br />Each undersigned represents and warrants that its signature herein below has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify <br />City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the <br />event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />The Agreement is the final and complete agreement and any prior or contemporaneous <br />agreements for similar services between the parties is superseded by this Agreement. This shall <br />not apply where the Parties are currently engaged and Consultant is providing services not <br />contemplated by this Agreement. <br />C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. <br />ATTEST: <br />Jennifer L. Hall <br />City Clerk <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Nabil Saba <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />Alvaro Nunez <br />Acting City Manager <br />CONSULTANT: <br />(name) <br />(title) <br />