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2890662.3 49 <br />(i) personal delivery, in which case notice is effective upon delivery; <br />(ii) certified or registered mail, return receipt requested, in which case <br />notice shall be deemed delivered upon receipt if delivery is confirmed by a return <br />receipt; <br />(iii) nationally recognized overnight courier, with charges prepaid or <br />charged to the sender’s account, in which case notice is effective on delivery if <br />delivery is 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 />Owner:Eden Housing, Inc. <br />22645 Grand St. <br />Hayward, CA 94541 <br />Attention: President <br />11.4 Further Assurances. The Parties shall execute, acknowledge and deliver <br />to the other such other documents and instruments, and take such other actions, as <br />either shall reasonably request as may be necessary to carry out the intent of this <br />Agreement. <br />11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or <br />shall establish the Parties as partners, co-venturers, or principal and agent with one <br />another. <br />11.6 Action by the City. Except as may be otherwise specifically provided <br />herein, whenever any approval, notice, direction, consent or request by the City is <br />required or permitted under this Agreement, such action shall be in writing, and such <br />action may be given, made or taken by the City Manager or by any person who shall <br />have been designated by the City Manager, without further approval by the city council. <br />11.7 Non-Liability of City and City Officials, Employees and Agents. No <br />member, official, employee or agent of the City shall be personally liable to Owner or <br />any successor in interest, in the event of any default or breach by the City, or for any <br />amount of money which may become due to Owner or its successor or for any <br />obligation of City under this Agreement. <br />11.8 Headings; Construction. The headings of the sections and paragraphs of <br />this Agreement are for convenience only and shall not be used to interpret this <br />Agreement. The language of this Agreement shall be construed as a whole according <br />to its fair meaning and not strictly for or against any Party. <br />71