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Effective Date. <br />12.3 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br />addresses specified below or to such other address as a Party may designate by written notice <br />delivered to the other parties in accordance with this Section. All such notices shall be sent by: <br />(i) personal delivery, in which case notice is effective upon delivery; <br />(ii) certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered on receipt if delivery is confirmed by a return receipt; <br />(iii) nationally recognized overnight courier, with charges prepaid or charged <br />to the sender's account, in which case notice is effective on delivery if delivery is <br />confirmed by the delivery service; <br />(iv) facsimile transmission, in which case notice shall be deemed delivered <br />upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by <br />first-class or certified mail or by overnight delivery, or (b) a transmission report is <br />generated reflecting the accurate transmission thereof. Any notice given by facsimile <br />shall be considered to have been received on the next business day if it is received after <br />5:00 p.m. recipient's time or on a nonbusiness day. <br />Agency: Redevelopment Agency of the City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: Agency Executive Director <br />City: City of San Leandro <br />835 East 14~h Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Developer: Estabrook Senior Housing, L.P. <br />c/o Eden Housing, Inc. <br />409 Jackson Street <br />Hayward, CA 94544-1567 <br />Attention: Executive Director <br />Fax No. (510) 582-6523 <br />12.4 Attorneys' Fees. If any Party fails to perform any of its obligations under this <br />Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation <br />of any provision hereof, then the prevailing party in any proceeding in connection with such <br />dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or <br />956070-4 37 <br />