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Participant from a third party without confidential limitations, (c) independently and lawfully obtained by <br />the Participant from a third party without confidential limitations, (d) known to the Participant before the <br />first receipt of same from the Agency or the City, or (e) hereafter disclosed by the Agency or the City to a <br />third party without restriction on disclosure. <br />4.04 No Waiver <br />No examination, inspection, investigation, test, measurement, review, determination, decision, <br />certificate, or approval by the Agency, nor any order by the Agency for the payment of money, nor any <br />payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Project by the <br />Agency, nor any extension of time granted by the Agency, nor any delay by the Agency in exercising any <br />right under this Agreement, nor any other act or omission of the Agency shall constitute or be deemed to <br />operate to waive or otherwise diminish the effect of any warranty or representation made by the <br />Participant; or of any requirement or provision of this Agreement; or of any remedy, power, or right of <br />Agency without the express written acknowledgement signed by the appropriate authorities of the Agency <br />or the Participant. <br />4.05 No Third Party Beneficiaries <br />No claim as a third party beneficiary under this Agreement by any person, firm, or corporation <br />other than the Participant shall be made or be valid against the Agency. <br />4.06 Notices <br />All notices required or permitted to be given under this Agreement shall be in writing and shall be <br />deemed received by the addressee thereof when delivered in person on a business day at the address <br />set forth below or on the third business day after being deposited in any main or branch United States <br />post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or <br />registered mail, return receipt requested. <br />Notices and communications to the Agency shall be addressed to, and delivered at, the following <br />address: <br />City of San Leandro Redevelopment Agency <br />835 East 14th Street <br />San Leandro, California 94577 <br />Attention: John Jermanis, Executive Director <br />with a copy to: <br />Meyers, Nave, Riback, Silver and Wilson <br />777 Davis Street, Suite 300 <br />San Leandro, California 94577 <br />Attention: Liane M. Randolph <br />Notices and communications to the Participant shall be addressed to, and delivered at, the <br />following address: <br />General Foundry Services Corporation <br />459 Hester Street <br />San Leandro, California 94577 <br />Attention: Ed Ritelli, Jr. <br />With a copy to: <br />9 <br />