Page 15 - Villas at Savona Close-out Manual

Notices to the ASSOCIATION shall be mailed to:
VILLAS AT SAVONA HOA
c/o Cherish Smith
Community Association Manager
1839 S. Alma School Rd. Ste. 150
Mesa, AZ 85210
Phone: 480-829-7400 ext. 2208
Fax: 480-350-9293
csmith@pmg-service.com

Notices to the ARCM shall be mailed to:
JON WAYNE CONSTRUCTION AND CONSULTING
8655 East Via De Ventura
Suite G-200
Scottsdale, AZ 85258
Attention: David W. Dillon, Arizona Division Manager
480.346.1270 / 480.993.4634 - Cell / 480.471.3854 – Fax
ddillon@jwcconstruction.com

11.4 ASSOCIATION'S DESIGNATED SPOKESPERSON. Within five (5) calendar days from
execution of this Agreement, the ASSOCIATION shall designate in writing a spokesperson who shall
have authority to speak on behalf of the ASSOCIATION relative to the services being provided by
the ARCM. Absent the receipt of written notification as described in this section, the ARCM shall
assume that any member of the Board of Directors and/or the Property Manager shall have such
authority. The ARCM shall be entitled to rely upon the representations made and direction provided
by that spokesperson.

11.5 INTERPRETATION. Both parties to this Agreement have had the opportunity to review and do
fully understand the Agreement in its entirety. Both parties have availed themselves of counsel to the
extent they deemed appropriate regarding the legal implications therein. As such, this Agreement
shall be interpreted fairly, and shall not prescriptively or unnecessarily be interpreted against the
drafter.

11.6 EVIDENCE OF FUNDING. From time to time, the ARCM may elect to request verification in a
form satisfactory to the ARCM that the ASSOCIATION has sufficient funds specifically allocated
and designated to pay for all of the ARCM'S Work. If verification cannot be provided, the ARCM
may elect to terminate this Agreement for cause.

11.7 ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties,
replacing any and all prior or other forms of communication or commitment.

11.8 SEVERABILITY. In the event that any portion of this Agreement is found to be invalid or
unenforceable according to law, it shall not invalidate the remainder of this Agreement. To the extent
possible, the invalid or unenforceable clause shall be modified by Change Order to most closely
reflect the original intent of the parties.

11.9 WAIVER. The failure of either party to this Agreement to enforce any provision of this
Agreement shall not be construed as that party's waiver of the right to enforce that or any other
provision of this Agreement.

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2015 JWC ARCM POST LIT License ROC 190300 KB-1