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Without limiting the above, all references to "force majeure" in this Agreement shall refer to this <br />Section 12.3. <br />Times of performance under this Agreement may also be extended in writing by the <br />mutual agreement of Developer and City (acting in the discretion of its City Manager unless he <br />or she determine in his or her discretion to refer such matter to the City Council). City and <br />Developer acknowledge that adverse changes in economic conditions, either of the affected <br />Party specifically or the economy generally, changes in market conditions or demand, and/or <br />inability to obtain financing to complete the work of Improvements shall not constitute grounds <br />of enforced delay pursuant to this Section. Each Party expressly assumes the risk of such <br />adverse economic or market changes and/or financial inability, whether or not foreseeable as of <br />the Effective Date. <br />12.4 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br />addresses specified below or to such other address as a Party may designate by written notice <br />delivered to the other parties in accordance with this Section. All such notices shall be sent by: <br />(a) personal delivery, in which case notice is effective upon delivery; <br />(b) certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered on receipt if delivery is confirmed by a return receipt; <br />(c) nationally recognized overnight courier, with charges prepaid or charged <br />to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by <br />the delivery service; <br />(d) facsimile transmission, in which case notice shall be deemed delivered <br />upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first- <br />class or certified mail or by overnight delivery, or (b) a transmission report is generated <br />reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered <br />to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or <br />on a nonbusiness day. <br />City: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br /> <br />Developer: San Leandro Senior Housing Associates, L.P. <br />600 California Street, Suite 900 <br />San Francisco, CA 94108 <br />Attention: Rebecca Hlebasko, General Counsel <br /> <br />12.5 Attorneys’ Fees. If any Party fails to perform any of its obligations under this <br />Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation <br />of any provision hereof, then the prevailing party in any proceeding in connection with such <br />144\259\1892880.4 <br />34