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9.3. Notices, Demands and Communications Between the Parties <br />Formal written notices, demands, correspondence and communications between City and <br />Developer shall be sufficiently given if delivered personally (including delivery by private <br />courier), dispatched by certified mail, postage prepaid and return receipt requested, or delivered <br />by nationally recognized overnight courier service, or by electronic facsimile transmission <br />followed by delivery of a "hard" copy to the offices of City and Developer indicated below. <br />Such written notices, demands, correspondence and communications may be sent in the same <br />manner to such persons and addresses as either Party may from time -to -time designate in writing <br />at least fifteen (15) days prior to the name and/or address change and as provided in this <br />Section 9.3. <br />City: City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: Community Development Director <br />with copies to: City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: City Attorney <br />Developer: Wm. Mathews, Inc. <br />4725 Thornton Avenue <br />Fremont, CA 94536 -6408 <br />Attn: William Mathews Brooks <br />with copies to: Cox, Castle & Nicholson, LLP <br />555 California Street, 10th Floor <br />San Francisco, CA 94104 -1513 <br />Attn: Anne E. Mudge, Esq. <br />Notices personally delivered shall be deemed to have been received upon delivery. Notices <br />delivered by certified mail, as provided above, shall be deemed to have been given and received <br />on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to <br />whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such <br />notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices <br />delivered by overnight courier service as provided above shall be deemed to have been received <br />twenty -four (24) hours after the date of deposit. Notices delivered by electronic facsimile <br />transmission shall be deemed received upon receipt of sender of electronic confirmation of <br />delivery, provided that a "hard" copy is delivered as provided above. <br />9.4. Project as a Private Undertaking • No Joint Venture or Partnershi The Project <br />constitutes private development, neither City nor Developer is acting as the agent of the other in <br />any respect hereunder, and City and Developer are indepepdent entities with respect to the terms <br />and conditions of this Agreement. Nothing contained in this Development Agreement or in any <br />23 <br />