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(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 upon 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 />Owner: San Leandro Senior Associates, L.P. <br />600 California Street, Suite 900 <br />San Francisco, CA 94108 <br />Attention: Rebecca Hlebasko, General Counsel <br />11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the <br />other such other documents and instruments, and take such other actions, as either shall <br />reasonably request as may be necessary to carry out the intent of this Agreement. <br />11.5 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall <br />establish the Parties as partners, co -venturers, or principal and agent with one another. <br />11.6 Action by the City. Except as maybe otherwise specifically provided herein, <br />whenever any approval, notice, direction, consent or request by the City is required or permitted <br />under this Agreement, such action shall be in writing, and such action may be given, made or <br />taken by the City Manager or by any person who shall have been designated by the City <br />Manager, without further approval by the city council. <br />11.7 Non -Liability of City and City Officials, Employees and Agents. No member, <br />official, employee or agent of the City shall be personally liable to Owner or any successor in <br />interest, in the event of any default or breach by the City, or for any amount of money which <br />may become due to Owner or its successor or for any obligation of City under this Agreement. <br />144\259\1892895.5 13 <br />