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Agency, or the deposit with Agency by Owner, of any of the insurance policies described in this <br />Agreement. <br />11. Miscellaneous <br />11.1 Amendments This Agreement may be amended or modified only by a written <br />instrument signed by the Parties. <br />11.2 No Waiver Any waiver by Agency of any term or provision of this Agreement <br />must be in writing. No waiver shall be implied from any delay or failure by Agency to take <br />action on any breach or default hereunder or to pursue any remedy allowed under this Agreement <br />or applicable law. No failure or delay by Agency at any time to require strict performance by <br />Owner of any provision of this Agreement or to exercise any election contained herein or any <br />right, power or remedy hereunder shall be construed as a waiver of any other provision or any <br />succeeding breach of the same or any other provision hereof or a relinquishment for the future of <br />such election. <br />11.3 Notices Except as otherwise specified herein, all notices to be sent pursuant to <br />this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to <br />the other parties in accordance with this 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 notice shall <br />be deemed delivered upon receipt if delivery is confirmed by a return receipt; <br />(iii) nationally recognized overnight courier, with charges prepaid or charged to <br />the sender's account, in which case notice is effective on delivery if delivery is confirmed <br />by the delivery service; <br />(iv) facsimile transmission, in which case notice shall be deemed delivered upon <br />transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first - <br />class or certified mail or by overnight delivery, or (b) a transmission report is generated <br />reflecting the accurate transmission thereof. Any notice given by facsimile shall be <br />considered to have been received on the next business day if it is received after 5:00 p.m. <br />recipient's time or on a nonbusiness day. <br />Agency: Redevelopment Agency of the City of San Leandro <br />835 East 14 Street <br />San Leandro, CA 94577 <br />Attention: Executive Director <br />Owner: Eden Lodge, L.P. <br />22645 Grand Street <br />Hayward, CA 94541 <br />Attention: Executive Director <br />1538954.2 14 <br />