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(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 <br /> confirmed 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 <br /> first -class or certified mail or by overnight delivery. or (b) a transmission report is <br /> generated reflecting the accurate transmission thereof. Any notice given by facsimile <br /> shall be considered to have been received on the next business day if it is received after <br /> 5:00 p.m. recipient's time or on a nonbusiness <br /> To Agency: Community Redevelopment Agency of the <br /> City of San Leandro <br /> 835 East 14 Street <br /> San Leandro, CA 94501 <br /> To City: City of San Leandro <br /> 835 East 14 Street <br /> San Leandro, CA 94501 <br /> 11.2 No Brokers. Each Party hereby represents and warrants to the other Party that it <br /> has retained no broker or other party to whom a commission or finder's fee is due with respect <br /> to the transactions contemplated hereby. Each Party shall defend, indemnify and hold the other <br /> Party harmless from and against all claims, expenses, costs, or arising in connection with a <br /> breach of this warranty and representation. The terms of this Section shall survive the <br /> expiration or earlier termination of this Agreement. <br /> 11.3 Attorneys' Fees. If either Party fails to perform any of its obligations under this <br /> Agreement, or if any dispute arises between the Parties conceming the meaning or interpretation <br /> of any provision hereof, then the prevailing party in any proceeding in connection with such <br /> dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing <br /> or establishing its rights hereunder, including, without limitation, court costs and reasonable <br /> attorneys' fees and disbursements. <br /> 11.4 Entire Agreement. This Agreement. together with Exhibits A and B constitutes <br /> the entire agreement of the Parties with respect to the subject matter hereof and supersedes all <br /> prior negotiations and agreements with respect thereto. <br /> 11.5 Provisions Not Merged With Deeds. None of the provisions, terms, <br /> representations, warranties and covenants of this Agreement are intended to or shall be merged <br /> by the Grant Deeds, and neither the Grant Deeds nor any other document shall affect or impair <br /> 1604875.2 7 <br />