Laserfiche WebLink
VILNOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or <br />other telegraphic communication to the following persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />P.O. Box 1988 M -30 <br />Santa Ana, CA 92702 -1988 <br />With courtesy copies to: <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />P.O. Box 1988 M -21 <br />Santa Ana, CA 92702 <br />And: City Attorney <br />City of Santa Ana <br />P.O. Box 1988 M -29 <br />Santa Ana, CA 92702 <br />To Vendor: PowerLux Corporation <br />Mr. Kenneth Lau <br />2688 -F El Camino Real, Suite 333 <br />Carlsbad, California 92010 <br />VIII. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Vendor, and supersedes any and all other agreements, oral or written, between the <br />parties. In the event of a conflict between the terms of this Agreement and any <br />attachments hereto, the terms of this Agreement shall prevail. This Agreement may not <br />be modified except by written instrument signed by the City and by an authorized <br />representative of Vendor. The parties agree that any terms or conditions of any <br />purchase order or other instrument that are inconsistent with, or in addition to, the terms <br />and conditions hereof, shall not bind or obligate Vendor nor the City. Each party to this <br />Agreement acknowledges that no representatives, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting on <br />behalf of any party, which is not embodied herein. <br />IX.ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Vendor, <br />Vendor may not assign, transfer, delegate, or subcontract any interest herein without <br />prior written consent of the City, and any such assignment, transfer, delegation or <br />subcontract without the City's prior written consent shall be considered null and void. <br />Nothing in this Agreement shall be construed to limit the City's ability to have any of the <br />services which are the subject to this Agreement performed by the City personnel or by <br />20B-43 <br />