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<br />a. personal delivery, in which case notice is effective upon delivery; <br /> <br />b. certified or registered mail, return receipt requested, in which case notice shall <br />be deemed delivered on receipt if delivery is confirmed by a return receipt; <br /> <br />c. nationally recognized overnight courier, with charges prepaid or charged to the <br />sender's account, in which case notice is effective on delivery if delivery is confirmed by the <br />delivery service; <br /> <br />d. facsimile transmission, in which case notice shall be deemed delivered upon <br />transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class <br />or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the <br />accurate transmission thereof. Any notice given by facsimile shall be considered to have been <br />received on the next business day ifit is received after 5:00 p.m. recipient's time or on a <br />nonbusiness day. <br /> <br />Agency: <br /> <br />Redevelopment Agency of the City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: Executive Director <br /> <br />Developer: <br /> <br />Mercy Housing California XXXIII, <br />a California Limited Partnership <br />1360 Mission Street, Suite 300 <br />San Francisco, CA 94103 <br />Attention: Val Agostino <br /> <br />11.4 Attorneys' Fees. If either Party fails to perform any of its obligations under this <br />Agreement, or if any dispute arises between the Parties concerning the meaning or <br />interpretation of any provision hereof, then the prevailing party in any proceeding in connection <br />with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in <br />enforcing or establishing its rights hereunder, including, without limitation, court costs and <br />reasonable attorneys' fees and disbursements. <br /> <br />11.5 Waivers; Modification. No waiver of any breach of any covenant or provision of this <br />Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver <br />shall be valid unless in writing and executed by the waiving party. An extension of time for <br />performance of any obligation or act shall not be deemed an extension ofthe time for <br />performance of any other obligation or act, and no extension shall be valid unless in writing and <br />executed by the waiving party. This Agreement may be amended or modified only by a written <br />instrument executed by the Parties. <br /> <br />11.6 Binding on Successors. Subject to the restrictions on Transfers set forth in Article VII, <br />this Agreement shall bind and inure to the benefit of the Parties and their respective permitted <br />successors and assigns. Any reference in this Agreement to a specifically named party shall be <br />deemed to apply to any permitted successor and assign of such party who has acquired an <br />interest in compliance with this Agreement or under law. <br /> <br />803698-6 <br /> <br />35 <br />