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contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 11.3 Notices Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of San Leandro 835 East 14 Street San Leandro, CA 94577 Attention: City Manager Owner: Eden Surf Associates, L.P. c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 -5031 Attention: Executive Director With a copy to: Alliant Capital, Ltd. 21600 Oxnard Street, Suite 1200 Woodland Hills, CA 91367 Attention: Brian Goldberg Telephone: (818) 668 -6800 Telecopy: (818) 668 -2828 11.4 Further Assurances The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co- Venturers Nothing in this Agreement is intended to or shall establish the Parties as partners, co- venturers, or principal and agent with one another. 11.6 Action by the City Except as maybe otherwise specifically provided 1753724.3 18