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2890662.3 29 <br />(ii) 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 />(iii) 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 <br />confirmed by the delivery service; <br />City:City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />Developer: Eden Housing, Inc. <br />22645 Grand St. <br />Hayward, CA 94541 <br />Attention: President <br />12.4 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 />dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or <br />establishing its rights hereunder, including, without limitation, court costs and reasonable <br />attorneys' fees and disbursements. <br />12.5 Waivers; Modification. No waiver of any breach of any covenant or provision of <br />this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no <br />waiver shall be valid unless in writing and executed by the waiving party. An extension of time <br />for performance of any obligation or act shall not be deemed an extension of the time for <br />performance of any other obligation or act, and no extension shall be valid unless in writing and <br />executed by the waiving party. This Agreement may be amended or modified only by a written <br />instrument executed by the Parties. <br />12.6 Binding on Successors. Subject to the restrictions on Transfers set forth in <br />Article VII, this Agreement shall bind and inure to the benefit of the Parties and their respective <br />permitted successors and assigns. Any reference in this Agreement to a specifically named party <br />shall be deemed to apply to any permitted successor and assign of such party who has acquired <br />an interest in compliance with this Agreement or under law. <br />12.7 Survival. All representations made by Developer hereunder and Developer’s <br />obligations pursuant to Sections 3.14, 3.17, 9.2, 11.1, 12.1, and 12.19, and the City’s obligations <br />pursuant to Section 12.1, shall survive the expiration or termination of this Agreement and the <br />issuance and recordation of a Certificate of Completion. <br />51