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demand, request, or communication hereunder sent by mail shall be deemed to have been given or served as of the third business day following the date of such mailing or date of delivery to any private service. ARTICLE XX TENANT'S RIGHTS TO CONTEST Section 20.1 Tenant's Rights to Contest (a) Upon giving prior written notice to Landlord of Tenant's intention to contest, Tenant shall have the right to contest by appropriate proceedings, diligently conducted in good faith, in the name of Tenant or Landlord or both, without cost or expense to Landlord, the validity or application of any Imposition, Mechanics' Lien, or of any Governmental Requirement; provided, however, that no exercise or enforcement by the City of San Leandro of its rights and remedies as Landlord under this Lease shall be deemed a Governmental Requirement for purposes of this Section. Landlord agrees to cooperate in any such proceeding with Tenant, even if not joined as a party thereto subject to Tenant's obligations to pay all expenses in connection therewith. If payment of any Imposition or Mechanics' Lien, or if compliance with any Governmental Requirement may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge, or liability of any kind against the Premises or Tenant's interest therein and without subjecting Tenant or Landlord to any liability, civil or criminal, for failure to pay such Imposition or Mechanics' Lien or to comply with such Governmental Requirement, Tenant may delay such payment or compliance, as the case may be, until the final determination of LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 67 2574001\313983.8