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the affected Party specifically or the economy generally, changes in market conditions or demand, and /or inability to obtain financing to complete the work of Improvements shall not constitute grounds of enforced delay pursuant to this Section. Each Party expressly assumes the risk of such adverse economic or market changes and /or financial inability, whether or not foreseeable as of the Effective Date. 11.3 Notices. Except as otherwise specified in this Agreement, 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 on 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 Borrower: 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 Attorneys' Fees. If either Party fails to perform any of its obligations under this Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing Parry in any proceeding in connection with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. 11.5 Waivers, Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Parry. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for 1755895.2 29