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City of Santa Ana <br />220 S. Daisy Avenue, Bldg A (M -85) <br />Santa Ana, California 92703 <br />telefacsimile (714) 647 -3345 <br />Attn: Water Resources Manager <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Contractor: Houston - Harris PCS, Inc. <br />21831 Barton Road <br />Grand Terrace, California 92313 <br />Attn: Pam Houston <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />notice shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, <br />delivery, or other communication shall be effective or deemed to have been given three (3) days after it <br />has been deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other <br />communication shall be effective or deemed to have been given twenty -four (24) hours after the time set <br />forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />12. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event <br />of a conflict between the terms of this Agreement and any attachments hereto, the terms of this <br />Agreement shall prevail. This Agreement may not be modified except by written instrument signed by <br />the City and by an authorized representative of Contractor. The parties agree that any terms or conditions <br />of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br />conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement <br />acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have <br />been made by any party, or anyone acting on behalf of any party, which are not embodied herein. <br />13. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor, <br />Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written <br />consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior <br />written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit <br />the City's ability to have any of the services which are the subject to this Agreement performed by City <br />personnel or by other consultants retained by City, <br />