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May 25, 2010 -Execution Copy <br />promising overnight delivery. If personally delivered, a notice shall be deemed <br />to have been given when delivered to the party to whom it is addressed. If given <br />by facsimile transmission, a notice or communication shall be deemed to have <br />been given and received upon actual physical receipt of the entire document by <br />the receiving party's facsimile machine. Notices transmitted by facsimile after <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 />If to City, to: Luke Sims, Community Development Director <br />835 E. 14th Street <br />San Leandro, CA 94577-3767 <br />Phone: (510) 577-3200 <br />Fax: (510) 577-3340 <br />With Copies to: Jayne Williams, City Attorney <br />Meyers Nave <br />555 12th Street 15th Floor <br />Oakland, CA 94607 <br />Phone: (510) 808-2000 <br />Fax:(510) 444-1108 <br />If to Developer, to: Indrajit Obeysekere <br />Legal and Entitlements <br />Kaiser Foundation Hospitals <br />1800 Harrison Street, 19th Floor <br />Oakland, CA 94612 <br />Phone: (510) 625-6405. <br />Fax: (510) 625-2647 <br />With Copies to: Thomas B. Ruby <br />Morrison & Foerster LLP <br />755 Page Mill Road <br />Palo Alto, CA 94304 <br />Phone: (650) 813-5857 <br />Fax: (650) 494-0792 <br />Page 34 of 36 <br />1424669.1 Kaiser Medical Center and Retail Project Development Agreement <br />