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April 15, 2010 -Final <br />5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be <br />deemed to have been given and received on the next normal business day. If <br />given by registered or certified mail, such notice or communication shall be <br />deemed to have been given and received on the first to occur of (i) actual receipt <br />by any of the addressees designated below as the party to whom notices are to <br />be sent, or (ii) five (5) days after a registered or certified letter containing such <br />notice, properly addressed, with postage prepaid, is deposited in the <br />United States mail. If given by Federal Express or similar courier, a notice or <br />communication shall be deemed to have been given and received on the date <br />delivered as shown on a receipt issued by the courier. Any party hereto may at <br />any time, by giving ten (10) days written notice to the other party hereto, <br />designate any other address in substitution of the address to which such notice <br />or communication shall be given. Such notices or communications shall be <br />given to the parties at their addresses set forth below: <br />9 <br />MIA <br />Section 12.14. Entire Agreement, Counterparts And Exhibits. This Agreement is <br />executed in two (2) duplicate counterparts, each of which is deemed to be an <br />original. This Agreement consists of pages and _� exhibits which <br />constitute in full, the final and exclusive understanding and agreement of the <br />parties and supersedes all negotiations or previous agreements of the parties <br />with respect to all or any part of the subject matter hereof. All waivers of the <br />provisions of this Agreement shall be in writing and signed by the appropriate <br />authorities of City and the Developer. The following exhibits are attached to <br />this Agreement and incorporated herein for all purposes " <br />Section 12.15. Recordation Of Development Agreement. Pursuant to California <br />Government Code § 65 868.5, no later than ten (10) days after City enters into <br />this Agreement, the City Clerk shall record an executed copy of this Agreement <br />in the Official Records of the County of Alameda. <br />IN WITNESS WHEREOF, this Agreement has been entered into by and between <br />Developer and City as of the day and year first above written. <br />1410321.1 34 <br />