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(ii) the date of delivery or refusal to accept delivery as shown on the return receipt, if given by <br />certified or registered mail, or (iii) when received by the Party to whom such notice or other <br />communication is addressed if addressed as follows, or to such other address or addresses as a <br />Party may hereafter designate by notice to the other: <br />If to Grantor: Tara Peterson <br />City of San Leandro <br />835 East 14 Street <br />San Leandro, CA 94577 <br />Fax: (510) 577 -3294 <br />If to Grantee: <br />With Copies to: San Leandro City Attorney <br />Meyers Nave <br />555 12th Street, Suite 1500 <br />Oakland, California 94607 <br />Fax: (510) 444 -1108 <br />With Copies to: <br />g. Waivers. No waiver or breach of any provision shall be deemed, or constitute, a <br />waiver of any other provision, whether or not similar, nor shall any be valid unless it is in writing <br />and executed by the waiving Party. No extension of time for performance of any obligation or <br />act shall be deemed an extension of time for any other obligation or act. <br />h. No Partnership; No Third Party Beneficiaries. Nothing contained in this <br />Agreement and no action by the Parties pursuant to this Agreement is intended to or shall be <br />construed by the Parties or any third party to create a partnership, joint venture, or relationship of <br />principal and agent. The provisions of this Agreement are for the exclusive benefit of the Parties, <br />their successors and assigns, and not for the benefit of any third person, nor shall this Agreement <br />be deemed to have conferred any rights, express or implied, upon any third party. <br />IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of the <br />date and year first above written. <br />"GRANTOR" "GRANTEE" <br />CITY OF SAN LEANDRO, CALIFORNIA SAN FRANCISCO ESTUARY INSTITUTE <br />By: By: <br />Its: Its: <br />Dated: Dated: <br />