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-9 -2804568.2 <br />service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the party’s address as set forth below: <br />To Buyer: BAU Bay Area Urban Development, LLC <br />981 Park Street <br />Alameda, CA 94501Attn: Stuart Rickard <br />To Seller: Successor Agency to the San Leandro <br />Redevelopment Agency <br />835 East 14th StreetSan Leandro, CA 94577Attn: Economic Development Manager <br />To Escrow Holder: First American Title <br />1850 Mt. Diablo Blvd., Suite 530Walnut Creek, CA 94596 Attn: Pam Nicolini <br />Escrow Number:___________ <br />Any such communication shall be deemed effective upon personal deliver or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any party may change its address by notice to the other party. <br />Each party shall make an ordinary, good faith effort to ensure that it will accept or receive <br />notices that are given in accordance with this section and that any person to be given <br />notice actually receives such notice. <br />10.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement. <br />10.10 Days of Week. If any date for exercise of any right, giving of any <br />notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or <br />holiday, the time for performance will be extended to 5:00 p.m. on the next business day. <br />10.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a party is required or permitted to give its consent or <br />approval under this Agreement, such consent or approval shall not be unreasonably <br />withheld or delayed. If a party is required or permitted to give its consent or approval in <br />its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. <br />10.12 Further Assurances. The Parties shall at their own cost and <br />expense execute and deliver such further documents and instruments and shall take such <br />other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. <br />332