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severed from the remainder of the AGREEMENT and the balance of the <br />AGREEMENT shall remain in effect. <br />12. This AGREEMENT shall be construed and interpreted under the laws of the State <br />of California. <br />13. With the exception of Section 2.8, "Indemnification" of SCRRA's Quiet Zone <br />Implementation Guidelines, which is hereby specifically incorporated by reference <br />and further supplemented by Paragraph 7 of Section II of this Agreement, to the <br />extent there is any conflict or inconsistency between the terms and provisions of <br />this Agreement and the terms and provisions of SCRRA's Quiet Zone <br />Implementation Guidelines, the terms and provisions of this Agreement shall take <br />precedence over SCRRA's Quiet Zone Implementation Guidelines. <br />14. Any notice sent by first class mail, postage paid, to the address and addressee, <br />shall be deemed to have been given when in the ordinary course it would be <br />delivered. The representatives of the parties who are primarily responsible for the <br />administration of this AGREEMENT, and to whom notices, demands and <br />communications shall be given are as follows: <br />CITY: <br />Mr. James G. Ross <br />Executive Director of Public Works <br />City of Santa Ana <br />20 Civic Center Plaza M-29 <br />Santa Ana, CA 92702 <br />E-mail: JRoss@santa-ana.org <br />Telephone: (714) 647-5201 <br />Facsimile: (714) 647-6515 <br />SCRRA: <br />Mr. Ron Mathieu <br />Manager, Rail Corridor C&E <br />Southern California Regional Rail Authority <br />700 South Flower Street, Suite #2600 <br />Los Angeles, CA 90017-4101 <br />E-mail: mathieur(c~scrra.net <br />Telephone: (213) 452-0249 <br />Facsimile: (213) 452-0423 <br />If there are any changes in the above names and/or addresses, the party desiring to <br />make such change shall give a written notice to the other respective party within five (5) <br />days of such change. <br />(Signatures provided on next page] <br />OCTA Safety Enhancement Project for City of Tustin Page 10 of 14 <br />City of Santa Ana <br />Draft Construction and Maintenance Agreement <br />09/29/08 <br />25B-28 <br />