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And: <br /> City Attorney <br /> City of Pleasanton <br /> 123 Main Street, P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Facsimile (925) 931-5482 <br /> A party may change its address by giving notice in writing to the other party. Thereafter, <br /> any notice,tender, demand, delivery or other communication shall be addressed and <br /> transmitted to the new address. If sent by mail, any notice,tender, de-nand, delivery or <br /> other communication shall be effective for deemed to have been given three (3) days <br /> after it has been deposited in the United States mail, duly registered or certified, with <br /> postage prepaid, and addressed as set forth above. If sent by Facsimile, any notice, <br /> tender, demand, delivery, or other communication shall be effective or deemed to have <br /> been given twenty-four (24) hours after the time set forth on the transmission report <br /> issued by the transmitting facsimile machine, addressed as set forth above. For <br /> purposes of calculating these time frames, weekends federal, state, county, or city <br /> holidays shall be excluded. <br /> IX. EXCLUSIVITY AND AMENDMENT <br /> This Agreement represents the complete and exclusive statement between the City and <br /> Consultant, 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 A€,reement may not <br /> be modified except by written instrument signed by the City of and by an authorized <br /> representative of Consultant. 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 <br /> terms and conditions hereafter, shall not bind or obligate the Consultant nor the City. <br /> Each party to this Agreement acknowledges that no representations, inducements, <br /> promises, agreements, family or otherwise, have been made by any party, or anyone <br /> acting on behalf of any party, which are not embodied herein. <br /> X. ASSIGNMENT <br /> Inasmuch as this Agreement is intended to secure the specialized services of the <br /> Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest <br /> herein without the prior written consent of the City and any such assignment,transfer, <br /> delegation or subcontract without the City's prior written consent shall be considered <br /> null and void. Nothing in this Agreement shall be construed to limit the City's ability to <br /> have any of the services which are the subject of this Agreement performed by City <br /> personnel or by other consultants retained by the City. <br /> 8 <br /> ACMS Initial <br />