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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 nail, 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, IOth 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 /> • <br /> 9.4. Project as a Private Undertaking; No Joint Venture or Partnership. 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 independent entities with respect to the terms <br /> and conditions of this Agreement. Nothing contained in this Development Agreement or in any <br /> 23 <br />