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n n <br />Timothy Trewyn <br />Assistant Utility Director <br />650 North La Cadena Drive <br />Colton, CA 92324 <br />Any notice or demand required or permitted to be given hereunder shall be <br />made in person or by certified or registered mail, postage paid, return receipt <br />requested, or reliable overnight courier to the address of the respective parties set forth <br />above, and shall be deemed given upon receipt in the case of personal delivery, three <br />(3) days after deposit in the mail as just described, or the next business day in the case <br />of overnight courier. Either party may change its address by giving the other notice of <br />a new address in accordance with the terms of this subsection. After hour problems <br />may be directed to Metricom staff on a 24/7 basis at (800) 873-3468. <br />7. Miscellaneous. <br />a. Aolicable law. This Agreement shall, in all respects, be governed by <br />the laws of the State of California without regard to its conflicts of law principles. <br />b. Modifications or Amendments. No amendment, change or modification <br />of this Agreement shall be valid unless in writing and signed by both parties hereto. <br />C. Assignment, Successors and Assigns. All of the terms and provisions <br />contained herein shall inure to the benefit of and shall be binding upon the parties <br />hereto and their respective heirs, legal representatives, successors and assigns. <br />d. Entire Agreement. This Agreement constitutes the entire understanding <br />and agreement of the parties with respect to its subject matter and any and all prior <br />agreements, understandings or representations with respect to its subject matter, <br />whether written or oral, are hereby canceled in their entirety and are of no further force <br />or effect. <br />e. Headings. The caption and paragraph headings used in this Agreement <br />are inserted for convenience of reference only and are not intended to define, limit or <br />affect the interpretation or construction of any term or provision hereof. <br />f. Non -Waiver. No waiver by any parry hereto of a breach of any <br />provision of this Agreement shall constitute a waiver of any preceding or succeeding <br />breach of the same or any other provision hereof. <br />g. Counterparts. This Agreement may be executed in one or more <br />counterparts, each of which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. <br />ROVAUtility%CA\ColtmXMu tility 3 <br />April 16, 1999 <br />