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(c) This Agreement does not constitute an approval by the Senior Mortgagee <br /> of the terms of the Restrictive Covenants. <br /> (d) Each notice. request, demand, consent, approval or other communication <br /> (collectively. "notices ", and singly. a "notice") which is required or permitted to be given <br /> pursuant to this Agreement shall be in writing and shall be deemed to have been duly and <br /> sufficiently given if (i) personally delivered with proof of delivery thereof (any notice so <br /> delivered shall be deemed to have been received at the time so delivered), or (ii) sent by a <br /> national overnight courier service (such as FedEx) designating earliest available delivery <br /> (any notice so delivered shall be deemed to have been received on the next business day <br /> following receipt by the courier), or (c) sent by United States registered or certified mail, <br /> return receipt requested, postage prepaid. at a post office regularly maintained by the <br /> United States Postal Service (any notice so sent shall be deemed to have been received on <br /> the date of delivery as confirmed by the return receipt), addressed to the respective <br /> parties as follows: <br /> (1) Notices intended for the Senior Mortgagee shall be addressed to <br /> the address set forth in the Senior Mortgage for notices to the Senior Mortgagee. <br /> (ii) Notices intended for the Agency shall be addressed to: <br /> Redevelop Agency of the City of San Leandro <br /> 835 East 14' Street <br /> San Leandro. California 94577 <br /> Attention: Executive Director <br /> Any party, by notice given pursuant to this Section, may change the person or persons <br /> and/or address or addresses, or designate an additional person or persons or an additional <br /> address or addresses, for its notices, but notice of a change of address shall only be <br /> effective upon receipt. Neither party shall refuse or reject delivery of any notice given in <br /> accordance with this Section. <br /> (e) Nothing herein or in any of the Senior Loan Documents or Restrictive <br /> Covenants shall be deemed to constitute the Senior Mortgagee as a joint venturer or <br /> partner of the Agency. <br /> (f) Upon notice from the Senior Mortgagee from time to time, the Agency <br /> shall execute and deliver such additional Instruments and documents, and shall take such <br /> actions, as are required by the Senior Mortgagee in order to further evidence or effectuate <br /> the provisions and intent of this Agreement. <br /> (g) This Agreement shall be governed by the laws of the State in which the <br /> Land is located. <br /> (h) If any one or more of the provisions contained in this Agreement, or any <br /> application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, <br /> legality and enforceability of the remaining provisions contained herein, and any other <br /> application thereof, shall not in any way be affected or impaired thereby. <br /> (i) The term of this Agreement shall commence on the date hereof and shall <br /> continue until the earliest to occur of the following events: (i) the payment of all of the <br /> Senior Indebtedness; provided that this Agreement shall be reinstated in the event any <br /> payment on account of the Senior Indebtedness is avoided, set aside, rescinded or repaid <br /> by the Senior Mortgagee as described in Section 2(e) hereof; or (ii) the acquisition by the <br /> Senior Mortgagee or by a third party purchaser. of title to the Land and Improvements <br /> 7 <br />