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10.7 Severability. If any term or provision of this Agreement is <br /> determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, <br /> unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any <br /> such provision shall not affect the legality, enforceability, or validity of the remainder of this <br /> Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the <br /> provisions of this Section, then the stricken provision shall be replaced, to the extent possible, <br /> with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as <br /> expressed herein. <br /> 10.8 Notices. Any delivery of this Agreement, notice, modification of <br /> this Agreement, collateral or additional agreement, demand, disclosure, request, consent, <br /> approval, waiver, declaration or other communication that either party desires or is required to <br /> give to the other party or any other person shall be in writing. Any such communication may be <br /> served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) <br /> which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested <br /> to the party's address as set forth below: <br /> To Buyer: Beam Development, LLC. <br /> 4100 Redwood Road, Suite 10-292 <br /> Oakland, CA 94611 <br /> Attn: Mukesh Bajaj <br /> To Seller: Successor Agency to the <br /> San Leandro Redevelopment Agency <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: Economic Development Manager <br /> City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: City 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 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 /> 10.9 Time. Time is of the essence to the performance of each and <br /> every obligation under this Agreement. <br /> 2870353.2 <br /> 9 <br />