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To Seller: City of San Leandro <br /> 835 E. 14th Street <br /> San Leandro, CA 94577 <br /> Attn: Business Development <br /> Manager <br /> If to Escrow Holder: First American Title Company <br /> National Commercial Services <br /> 1850 Mt. Diablo Boulevard <br /> Suite 300 <br /> Walnut Creek, CA 94596 <br /> Attn: Pam Nicolini <br /> Any such communication shall be deemed effective upon personal delivery or on <br /> the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, <br /> as applicable. Any party may change its address by notice to the other party. Each party shall <br /> make an ordinary, good faith effort to ensure that it will accept or receive notices that are given <br /> in accordance with this section and that any person to be given notice actually receives such <br /> notice. <br /> 11.9. Time. Time is of the essence to the performance of each and every <br /> obligation under this Agreement. <br /> 11.10. Days of Week. If any date for exercise of any right, giving of any notice, <br /> or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday,the <br /> time for performance will be extended to 5:00 p.m. on the next business day. <br /> 11.11. Reasonable Consent and Approval. Except as otherwise provided in this <br /> Agreement, whenever a party is required or permitted to give its consent or approval under this <br /> Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a party is <br /> required or permitted to give its consent or approval in its sole and absolute discretion or if such <br /> consent or approval may be unreasonably withheld, such consent or approval may be <br /> unreasonably withheld but shall not be unreasonably delayed. <br /> 11.12. Further Assurances. The Parties shall at their own cost and expense <br /> execute and deliver such further documents and instruments and shall take such other actions as <br /> may be reasonably required or appropriate to carry out the intent and purposes of this <br /> Agreement. <br /> 11.13. Waivers. Any waiver by any party shall be in writing and shall not be <br /> construed as a continuing waiver. No waiver will be implied from any delay or failure to take <br /> action on account of any default by any party. Consent by any party to any act or omission by <br /> another party shall not be construed to be consent to any other subsequent act or omission or to <br /> waive the requirement for consent to be obtained in any future or other instance. <br /> 13 <br />