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(b) certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered two (2) business days after deposit, postage prepaid in the <br />United States mail; <br />(c) nationally recognized overnight courier, in which case notice shall be <br />deemed delivered one (1) day after deposit with such courier; or <br />(d) facsimile transmission, in which case notice shall be deemed delivered on <br />transmittal, provided that a transmission report is generated reflecting the accurate <br />transmission thereof. <br />City: City of San Leandro <br />835 East 14th Street <br />San Leandro CA 94577 <br />Attn: Economic Development Manager <br />Owner: FH Dailey Chevrolet <br />800 Davis Street <br />San Leandro, CA 94577 <br />steve.song@fhdailey.com <br />7.2 COUNTERPARTS. This Agreement may be executed in multiple <br />counterparts each of which shall be an original and all of which taken together shall <br />constitute one and the same instrument. <br />7.3 SEVERABILITY. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, <br />the remainder of the provisions shall continue in full force and effect unless the rights and <br />obligations of the Parties are materially altered or abridged by such invalidation, voiding or <br />unenforceability. <br />7.4 LEGAL ACTIONS; ATTORNEYS' FEES. In the event any legal action is <br />commenced to interpret or to enforce the terms of this Agreement or to collect damages as <br />a result of any breach thereof, the Party prevailing in any such action shall be entitled to <br />recover against the other Party all reasonable attorneys' fees and costs incurred in such <br />action. <br />7.5 CAPTIONS; INTERPRETATION. The captions of the Sections and Articles of <br />this Agreement are for convenience only and are not intended to affect the interpretation or <br />construction of the provisions herein contained. The language of this Agreement shall be <br />construed as a whole according to its fair meaning and not strictly for or against any Party. <br />Time is of the essence in the performance of this Agreement. <br />7.6 FURTHER ASSURANCES. The Parties agree to execute, acknowledge and <br />deliver 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 />12 <br />