Agmt 2006 Mercy Housing California XXXIII (3)

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(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. AGENCY: Redevelopment Agency of the City of San Leandro 835 East 14th Street San Leandro, CA 94577 Attention: Agency Executive Director ASSIGNOR: Mercy Housing California XXXIII, a California Limited Partnership 1360 Mission Street, Suite 300 San Francisco, CA 94103 Attention: Val Agostino Mercy Housing California, a California nonprofit public benefit corporation 1360 Mission Street, Suite 300 San Francisco, CA 94103 Attention: Sheela Jivan 13. Amendments. This Assignment Agreement may be modified only by a written instrument signed by the Parties. 14. Further Assurances: Consents. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Assignment Agreement. Without limiting the generality of the foregoing, Assignor agrees to obtain from each Contractor and deliver to Agency a duly executed Consent substantially in the form attached hereto as Exhibit B. 15. Parties Not Co-Venturers. Nothing in this Assignment Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 16. Action by the Aqency. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the Agency is 812544-2 4