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11. Miscellaneous. <br /> 11.1 Amendments. This Agreement may be amended or modified only by a <br /> written instrument signed by both Parties. <br /> 11.2 No Waiver. Any waiver by City of any term or provision of this Agreement <br /> must be in writing. No waiver shall be implied from any delay or failure by City to take <br /> action on any breach or default hereunder or to pursue any remedy allowed under this <br /> Agreement or applicable law. No failure or delay by City at any time to require strict <br /> performance by Owner of any provision of this Agreement or to exercise any election <br /> contained herein or any right, power or remedy hereunder shall be construed as a <br /> waiver of any other provision or any succeeding breach of the same or any other <br /> provision hereof or a relinquishment for the future of such election. <br /> 11.3 Notices. Except as otherwise specified herein, all notices to be sent <br /> pursuant to this Agreement shall be made in writing, and sent to the Parties at their <br /> respective addresses specified below or to such other address as a Party may <br /> designate by written notice delivered to the other parties in accordance with this <br /> Section. All such notices shall be sent by: <br /> (i) personal delivery, in which case notice is effective upon delivery; <br /> (ii) certified or registered mail, return receipt requested, in which case <br /> notice shall be deemed delivered upon receipt if delivery is confirmed by a return <br /> receipt; or <br /> (iii) nationally recognized overnight courier, with charges prepaid or <br /> charged to the sender's account, in which case notice is effective on delivery if <br /> delivery is confirmed by the delivery service. <br /> City: City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attention: City Manager <br /> Facsimile: (510) 577-3340 <br /> Owner: Alameda Housing Associates, L.P., a California limited partnership <br /> 600 California Street, Suite 900 <br /> San Francisco, CA 94108 <br /> Attn: President <br /> Facsimile: (415) 495-4898 <br /> 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver <br /> to the other such other documents and instruments, and take such other actions, as <br /> 144\221\1339451 5 <br /> Page 17 <br />