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EXHIBIT 3 <br /> to comply with the contractual obligations of this Agreement and/or willfully, knowingly or <br /> negligently breach any term, condition or requirement of the agreement, City may impose <br /> sanctions including but not limited to damages (liquidated damages and or penalties) and/or any <br /> other remedy available pursuant to the Agreement of the laws then in effect. <br /> 22. NOTICE <br /> Any notice,tender, demand, delivery, or other communication pursuant to this Agreement <br /> 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: <br /> City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1988 <br /> With courtesy copies to: <br /> Executive Director, Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-21) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> To Consultant: <br /> Mark Thomas & Company, Inc. <br /> Attn: Pat Sommerville,Associate Principal <br /> 3200 El Camino Real, Suite 290 <br /> Irvine, CA 92602 <br /> A party may change its address by giving notice in writing to the other parry. 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 /> time frames, weekends, federal, state, County or City holidays shall be excluded. <br /> 23. MISCELLANEOUS PROVISIONS <br /> a. Each undersigned represents and warrants that its signature herein below has the <br />