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<br /> <br /> - 8 - <br />personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which <br />provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the <br />party’s address as set forth below: <br />To City: City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br /> <br />To Purchaser: KK Eden Properties, LLC <br /> 2140 Davis Street <br /> San Leandro, California 94577 <br /> Attn: Kem Kantor <br /> <br />If to Escrow Holder: <br /> <br /> <br /> Attn: <br /> <br /> <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 in <br />accordance with this section and that any person to be given notice actually receives such notice. <br />10.9 Time. Time is of the essence to the performance of each and every <br />obligation under this Agreement. <br />10.10 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 />10.11 Reasonable Consent and Approval. Except as otherwise provided in this <br />Agreement, whenever a party is required or permitted 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 unreasonably <br />withheld but shall not be unreasonably delayed. <br />10.12 Further Assurances. The Parties shall at their own 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 Agreement. <br />10.13 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