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receipt; <br />(iii) nationally recognized overnight courier, with charges prepaid or <br />charged to the sender's account, in which case notice is effective on delivery if <br />delivery is 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 <br />delivered by first-class or certified mail or by overnight delivery, or (b) a <br />transmission report is generated reflecting the accurate transmission thereof. <br />Any notice given by facsimile shall be considered to have been received on the <br />next business day if it is received after 5:00 p.m. recipient's time or on a <br />nonbusiness day. <br />Agency: Redevelopment Agency of the City of San Leandro <br />835 East 14t" Street <br />San Leandro, CA 94577 <br />Attention: Executive Director <br />City: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Owner: 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 />11.4 Further Assurances. The Parties shall execute, acknowledge and deliver <br />to the other such other documents and instruments, and take such other actions, as <br />either shall reasonably request as may be necessary to carry out the intent of this <br />Agreement. <br />11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or <br />shall establish the Parties as partners, co-venturers, or principal and agent with one <br />another. <br />11.6 Action by the Agency or City. Except as may be otherwise specifically <br />provided herein, whenever any approval, notice, direction, consent or request by the <br />Agency is required or permitted under this Agreement, such action shall be in writing, <br />956619-4 1 '] <br />