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must be used in any hazardous condition. Emergency traffic cones must be placed in front of and <br /> behind vehicles to warn oncoming traffic. <br /> Signs,lights,flags,and other warning and safety devices shall conform to the requirements set forth <br /> in Chapter 5 of the current traffic manual,Traffic Control for Construction and Maintenance Work <br /> Zones,published by the state of California Department of Transportation. <br /> 31. INTERPRETATION: This Contract has been negotiated at arm's length and between persons <br /> sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party <br /> had been represented by experienced and knowledgeable independent legal counsel of their own <br /> choosing or has knowingly declined to seek such counsel despite being encouraged and given the <br /> opportunity to do so. Each party further acknowledges that they have not been influenced to any <br /> extent whatsoever in executing this Contract by any other party hereto or by any person representing <br /> them,or both.Accordingly,any rule or law(including California Civil Code Section 1654)or legal <br /> decision that would require interpretation of any ambiguities in this Contract against the party that <br /> has drafted it is not applicable and is waived.The provisions of this Contract shall be interpreted in <br /> a reasonable manner to effect the purpose of the parties and this Contract. <br /> 32. LOBBYING: On the best information and belief, Contractor certifies no federal appropriated funds <br /> have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or <br /> attempting to influence an officer or employee of Congress; or an employee of a member of <br /> Congress in connection with the awarding of any federal contract, continuation, renewal, <br /> amendment,or modification of any federal contract,grant, loan,or cooperative agreement. <br /> 33. MATERIAL SAFETY DATA SHEETS(MSDS): The Contractor is required to provide a completed <br /> Material Safety Data Sheet(MSDS) for each hazardous substance provided to the City under the <br /> contractor's contract with the City.This includes hazardous substances that are not directly included <br /> in the Contract but are included in the goods or services provided by the Contractor to the City.The <br /> provision of the MSDSs must be in accordance with the requirements of California Labor Code <br /> Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California <br /> Code of Regulations. The MSDSs for each substance must be sent to the place of shipment or <br /> provision of goods/services and must also be sent to: <br /> City of Santa Ana <br /> Risk Management <br /> 20 Civic Center Plaza. 5d'Floor <br /> Santa Ana,CA 92701 <br /> 34. NEWSANFORMATION RELEASE: Contractor agrees that it will not issue any news releases in <br /> connection with either the award of this Contract or any subsequent amendment of or effort under <br /> this Contract without first obtaining review and written approval of said news releases from the <br /> City through the City's Project manager. <br /> 35. NOTICES: Any and all notices,requests,demands and other communications contemplated,called <br /> for, permitted, or required to be given hereunder shall be in writing, except through the course of <br /> the parties' project managers' routine exchange of information and cooperation during the terms of <br /> the work and services.Any written communications shall be deemed to have been duly given upon <br /> actual in-person delivery,if delivery is by direct hand,or upon delivery on the actual day of receipt <br /> or no greater than four calendar days after being mailed by US certified or registered mail, return <br /> receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the <br /> first day.All communications shall be addressed to the appropriate party at the address stated herein <br /> or such other address as the parties hereto may designate by written notice from time to time in the <br /> manner aforesaid. <br /> City of Santa Ana Page 13 of 24 MA-017-23011445 <br /> Refrigerated Vending Machine Services File No.2436104 Farmer's Fridge <br />