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written notice delivered to the other parties in accordance with this Section. All such <br /> 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 on receipt if delivery is confirmed by a <br /> return receipt; <br /> (iii) nationally recognized ovemight courier, with charges prepaid or <br /> charged to the sender's account, in which case notice is effective on <br /> delivery if delivery is 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 <br /> by first -class or certified mail or by overnight delivery, or (b) a transmission <br /> report is generated reflecting the accurate transmission thereof. Any notice given <br /> by facsimile shall be considered to have been received on the next business day if <br /> it is received after 5:00 p.m. recipient's time or on a nonbusiness day. <br /> City: City of San Leandro <br /> City Hall <br /> 835 E. 14 Street <br /> San Leandro, CA 94577 <br /> Telephone: 510.577.3354 <br /> Facsimile: 510.577.3340 <br /> Attn: City Manager <br /> Dark Fiber: SL Dark Fiber LLC <br /> 303 W. Joaquin Ave, STE 100 <br /> San Leandro, CA 94577 <br /> Facsimile 510.291.2989 <br /> Telephone 510.368.5734 <br /> Attn: Crystal Galvan <br /> 14. Indemnification. Dark Fiber hereby covenants, on behalf of itself and its permitted <br /> successors and assigns, to indemnify, hold harmless and defend the City and its respective <br /> elected and appointed officials, officers, agents, representatives and employees (all of the <br /> foregoing, "Indemnitees ") from and against all liability, loss, cost, claim, demand, action, <br /> suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense <br /> (including, without limitation, reasonable attorneys fees and costs of litigation) (all of the <br /> foregoing, collectively hereinafter "Claims ") arising out of or in connection with this <br /> Agreement; provided however, Dark Fiber shall have no indemnification obligation with <br /> respect to the gross negligence or willful misconduct of any Indemnitee. Dark Fiber's <br /> 6 <br />