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To Seller: <br />Ifto Escrow Holder: <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: Business Development <br />Manager <br />First American Title Company <br />National Commercial Services <br />1850 Mt. Diablo Boulevard <br />Suite 300 <br />Walnut Creek, CA 94596 <br />Attn: Pam Nicolini <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 />11.9. Time. Time is of the essence to the performance of each and every <br />obligation under this Agreement. <br />11.10. Days of Week. If any date for exercise of any right, giving of any notice, <br />or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the <br />time for performance will be extended to 5:00 p.m. on the next business day. <br />11.11. Reasonable Consent and Approval. Except as otherwise provided in this <br />Agreement, whenever a party is required or perniitted to give its consent or approval under this <br />Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a party is <br />required or permitted to give its consent or approval in its sole and absolute discretion or if such <br />consent or approval may be unreasonably withheld, such consent or approval may be <br />unreasonably withheld but shall not be unreasonably delayed. <br />11.12. Further Assurances. The Parties shall at theirown cost and expense <br />execute and deliver such further documents and instruments and shall take such other actions as <br />may be reasonably required or appropriate to carry out the intent and purposes of this <br />Agreement. <br />· 11.13. Waivers. Any waiver by any party shall be in writing and shall not be <br />construed as a continuing waiver. No waiver will be implied from any delay or failure to take <br />action on account of any default by any party. Consent by any party to any act or omission by <br />another party shall not be construed to b¥ consent to any other subsequent act or omission or to <br />waive the requirement for consent to be obtained in any future or other instance. <br />13