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Agreement must be made in writing and shall be limited to the express written terms of <br /> such waiver. <br /> 8. Miscellaneous Provisions. <br /> (a) Notices. All notices, requests and demands given to, or made upon, <br /> any party to this Agreement shall be deemed to have been given or made three days <br /> after properly deposited in the U.S. mail and addressed as follows: <br /> If to ACI: Alameda County Industries, Inc. <br /> Attn: Louis Pellegrini, Vice President <br /> 610 Aladdin Avenue <br /> San Leandro, CA 94577 <br /> With a copy to: David Cohen <br /> Cohen & Ostler, APC <br /> 455 N. Whisman Road, Suite 100 <br /> Mountain View, CA 94043 <br /> If to City: City of San Leandro <br /> Attn: City Manager <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> With copy to: Richard D. Pio Roda <br /> City Attorney <br /> 555 12th Street, Suite 1500 <br /> Oakland, CA 95607 <br /> or to such other addresses as the parties may designate by notice as set forth above. <br /> (b) Successors and Assigns. This Promissory Note (i) may not be <br /> assigned by ACI, (ii) may be assigned by City, at its sole option, but only together with <br /> the Franchise Agreement, and (iii) shall be binding on all successors and assigns of City <br /> and ACL <br /> (c) Attorneys' Fees. If any action is instituted by City to enforce this <br /> Promissory Note or to collect any sums due hereunder, City shall be entitled to collect <br /> from ACI all costs and expenses of such action, including, but not limited to, reasonable <br /> attorneys' fees. <br /> (d) Severability. If a court of competent jurisdiction finds any <br /> provisions of this Promissory Note invalid or unenforceable, the remaining provisions <br /> shall not in any way be affected or impaired thereby, and all other provisions of this <br /> Promissory Note shall remain in full force and effect. <br /> (e) Time. Time is of the essence in the performance of the terms and <br /> conditions of this Promissory Note. <br />