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Parties shall constitute a breach of this Agreement and shall be void and of no force and effect. <br />Notwithstanding the foregoing, BART, the City and the Redevelopment Agency hereby consent <br />to an assignment of the Developer's rights under this Agreement to an affiliated entity of the <br />Developer provided that in such event, the Developer delivers written notice to BART, the City <br />and the Redevelopment Agency within 30 days of such assignment, and provided further that <br />this Agreement is not otherwise modified by such assignment and that the assignee accepts all of <br />the obligation of Developer under this Agreement. <br />14. INFORMATION. Within thirty (30) days of the Effective Date, each party shall <br />promptly furnish the other party with all material information within their respective possession <br />or control concerning the such party's Property, including without limitation, copies of all <br />topographical surveys, environmental reports, engineering studies, soil-bearing test data, and any <br />similar reports and studies with respect to such party's Property. <br />15. FORCE MAJUERE/ENFORCED DELAY. Performance by either party under this <br />Agreement shall not be deemed to be in default where delays or default are due to war; <br />insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the <br />public enemies; epidemics; quarantine restrictions; or freight embargoes. An extension of time <br />for any such cause shall be for the period of the delay and shall start to run from the time of the <br />commencement of the cause, if notice by the party claiming such extension is sent to the other <br />parties within fifteen (15) days of the commencement of the cause. Times of performance under <br />this Agreement may also be extended in writing by BART and the Developer. Notwithstanding <br />the above, in no event shall fulfillment of the terms of this Agreement be completed later than <br />one hundred twenty (120) days from that completion date stated in the Schedule (Attachment <br />A). <br />16. NOTICES. Any notice which a party is required or may desire to give the other party <br />shall be in writing and may be delivered (1) personally, (2) by United States, registered or <br />certified mail, postage prepaid, (3) by Federal Express or other reputable courier service <br />regularly providing evidence of delivery (with charges paid by the party sending the notice); or <br />(4) by telecopy, provided that such telecopy shall be immediately followed by delivery of such <br />notice pursuant to clause (1), (2) or (3) above. Any such notice shall be addressed as follows <br />(subject to the right of a party to designate a different address for itself by notice similarly <br />given): <br />DEVELOPER: Westlake Development Partners, LLC <br />520 S. El Camino Real, 9th Floor <br />San Mateo, CA 94402-1722 <br />Attn: Gary Wong <br />e-mail: gary.wong@westlakellc.net <br />Fax: (650) 745-1249 <br />BART: BART Property Development <br />300 Lakeside Drive, Suite 1639 <br />Oakland, CA 94612 <br />Attn: Jeffrey P. Ordway <br />e-mail: jordway@bart.gov <br />5ANF1~382607.1 <br />311718-29 1 1 <br />