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(ii) the date of delivery or refusal to accept delivery as shown on the return receipt, if given by certified or registered mail, or (iii) when received by the Party to whom such notice or other communication is addressed if addressed as follows, or to such other address or addresses as a Party may hereafter designate by notice to the other: If to Grantor: Tara Peterson If to Grantee: Jennifer Hunt City of San Leandro Eruvircrmantal Analyst/Project, 835 East 14` Street San Francisco Estuary Institute San Leandro, CA 94577 7770 Pardee Lane, 2nd Floor Fax: (5I0) 577 -3294 Oakland, CA 94621 With Copies to: San Leandro City Attorney With Copies to: • Meyers Nave 555 12th Street, Suite 1500 Oakland, California 94607 Fax: (510) 444-1108 g. Waivers. No waiver or breach of any provision shall be deemed, or constitute, a waiver of any other provision, whether or not similar, nor shall any be valid unless it is in writing and executed by the waiving Party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act. h. No Partnership; No Third Party Beneficiaries. Nothing contained in this Agreement and no action by the Parties pursuant to this Agreement is intended to or shall be construed by the Parties or any third party to create a partnership, joint venture, or relationship of principal and agent. The provisions of this Agreement are for the exclusive benefit of the Parties, their successors and assigns, and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third party. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of the date and year first above written. "GRANTOR" "GRANTEE" CITY OF SAN LEANDRO, CALIFORNIA SAN FRANCISCO ESTUARY INSTITUTE \ ` By: Iz - l.�r�.n By: (�G{�/L l4_ Lianne Marshall Its: Interim City Manager Its: recro Dated: October 31 , 2011 Dated: /0/q72,0