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shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br /> first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br /> the manner provided in this Section, to the following persons: <br /> To City: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O.Box 1988 <br /> Santa Ana,California 92702 <br /> Fax 714- 647-6956 <br /> Executive Director <br /> Information Technology Dept. <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> P.O.Box 1988 <br /> Santa Ana,California 92702 <br /> To Consultant: <br /> ProudCity Inc. <br /> Attn: Kevin Herman,Chief Operations Officer <br /> 2219 Damuth St. <br /> Oakland,California 94602 <br /> A party may change its address by giving notice in writing to the other party. Thereafter, <br /> any communication shall be addressed and transmitted to the new address. If sent by mail, <br /> communication shall be effective 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 /> timeframes, weekends, federal, state, County or City holidays shall be excluded. <br /> 14. EXCLUSIVITY AND AMENDMENT <br /> This Agreement represents the complete and exclusive statement between the City and <br /> Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral <br /> or written, between the parties. In the event of a conflict between the terms of this Agreement and <br /> any 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 an authorized representative of <br /> Consultant. The parties agree that any terms or conditions of any purchase order or other <br /> instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not <br /> bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no <br /> representations, inducements,promises or agreements,orally or otherwise,have been made by any <br /> party,or anyone acting on behalf of any party, which are not embodied herein. <br /> Page 7 of 10 <br />