Agmt 2009 Alameda Housing Associates LP

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(iii) nationally recognised overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered u}~on 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 tlae 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_ Executive Director Facsimile: (5l0) 577-6007 Developer: Alameda Rousing Associates, L.P_ 345 Spear Street, Suite 700 San Francisco, CA 94105 Attn: President Facsimile: (41.5) 495-4898 l 1.4 Attorn~s' Fees. If either Party fails to perform any of its obligations under Phis Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing Party in any proceeding in connection with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. l l .5 Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the Party granting the extension. This Agreement may be amended or modified only by a written instrument executed by the Parties. 1 ] .6 Binding on Successors. Subject to the restrictions on Transfers set forth in Article VI, this Agreement shall bind and inure to the benefit of the Parties and their respective permitted successors and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement or under law. ] ] .7 Survival. All representations made by Developer hereunder and Developer's obligations pursuant to Sections 3.14.,3.17, 3.18, 8.2, ] 0.1, and l 1.1 shall survive the expiration ~ i ~s9s~-s 3 6