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City of Santa Ana <br /> 20 Civic Center Plaza(M-23) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Fax (714) 571-4211 <br /> To Provider: Gryphon Fitness Studio,LLC <br /> Attn: Eric Holmgren, President <br /> 912 Magnolia Ave. <br /> Placentia, CA 92870 <br /> A Party may change its address by giving notice in writing to the other Party. Thereafter, <br /> any communication shalt 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 /> time frames, weekends,federal, state, County or City holidays shall be excluded. <br /> 12. EXCLUSIVITY AND AMENDMENT <br /> This Agreement represents the complete and exclusive statement between the City and <br /> Provider regarding the subject matter herein, and supersedes any and,all other agreements, oral or <br /> 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 /> Provider. The parties agree that any terms or conditions of any purchase order or other instrument <br /> that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or <br /> obligate Provider or the City. Each Party to this Agreement acknowledges that no representations, <br /> inducements,promises or agreements,orally or otherwise,have been made by any Party,or anyone <br /> acting on behalf of any Party,which is not embodied herein. <br /> 13. ASSIGNMENT <br /> The experience, knowledge, capability and reputation of Provider were a substantial <br /> inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, <br /> delegate, or subcontract any interest herein without the prior written consent of the City and any <br /> such assignment, transfer, delegation or subcontract without the City's prior written consent shall <br /> be considered null and void. <br /> 14. TERMINATION <br /> a. This Agreement may be terminated by the City upon thirty (30) days written notice of <br /> termination. <br /> Page 6 of 8 <br />