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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 delivered <br /> upon transmittal, provided that (a) a duplicate copy of the notice is promptly <br /> 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 /> business day. <br /> City: City of San Leandro <br /> 835 East 14'" Street <br /> San Leandro, CA 94577 <br /> Attention: Community Development Director <br /> Developer: Cherry Glen Properties, LLC <br /> 2406 Merced Street <br /> San Leandro, CA 94577 <br /> Attention: Britt Evans <br /> 7.4 Further Assurances. The Parties shall execute, acknowledge and deliver <br /> to the other such other documents and instruments, and take such other actions, as <br /> either shall reasonably request as may be necessary to carry out the intent of the <br /> Agreement. <br /> 7.5 Parties Not Co- Venturers. Nothing in the Agreement is intended to or <br /> shall establish the Parties as partners, co- venturers, or principal and agent with one <br /> another. <br /> 7.6 Action by the City. Except as may be otherwise specifically provided <br /> herein or in the Original Agreement, whenever any approval, notice, direction, consent <br /> or request by the City is required or permitted under the Agreement, such action shall <br /> be in writing, and such action may be given, made or taken by the City's Community <br /> Development Director without further approval by the City Council. <br /> 1486489.4 4 <br />