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written instrument signed by both Parties. <br />11.2 No Waiver. Any waiver by Agency of any term or provision of this <br />Agreement must be in writing. No waiver shall be implied from any delay or failure by <br />Agency to take action on any breach or default hereunder or to pursue any remedy <br />allowed under this Agreement or applicable law. No failure or delay by Agency at any <br />time to require strict performance by Owner of any provision of this Agreement or to <br />exercise any election contained herein or any right, power or remedy hereunder shall <br />be construed as a waiver of any other provision or any succeeding breach of the same <br />or any other provision hereof or a relinquishment for the future of such election. <br />11.3 Notices. Except as otherwise specified herein, all notices to be sent <br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their <br />respective addresses specified below or to such other address as a Party may <br />designate by written notice delivered to the other parties in accordance with this <br />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 <br />notice shall be deemed delivered upon receipt if delivery is confirmed by a return <br />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 <br />delivered upon transmittal, provided that (a) a duplicate copy of the notice is <br />promptly 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 non- <br />buSlnesS day. <br />Agency: Redevelopment Agency of the City of San Leandro <br />835 East 14'h Street <br />San Leandro, CA 94577 <br />Attention: Executive Director <br />Facsimile: (510) 577-6007 <br />Owner: Alameda Housing Associates, L.P., a California limited partnership <br />345 Spear Street, Suite 700 <br />San Francisco, CA 94105 <br />Attn: President <br />Facsimile: (415) 495-4898 <br />e~~_~i.~-~ 17 <br />