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service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, <br /> 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 94501 <br /> Attn: Stuart Rickard <br /> To Seller: Successor Agency to the San Leandro <br /> Redevelopment Agency <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: Economic Development Manager <br /> To Escrow Holder: First American Title <br /> 1850 Mt. Diablo Blvd., Suite 530 <br /> Walnut Creek, CA 94596 <br /> Attn: Pam Nicolini <br /> Escrow Number: <br /> Any such communication shall be deemed effective upon personal deliver or on <br /> the date of first refusal to accept delivery as reflected on the receipt of delivery or return <br /> 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 <br /> 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 <br /> 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 <br /> withheld, such consent or approval may be unreasonably withheld but shall not be <br /> 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 <br /> purposes of this Agreement. <br /> -9 - <br /> 2604568.2 <br />