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bt~ach of this Agreement or arising from the intentional acts, negligence or willful misconduct of <br />the City or a third party. <br /> <br /> 11.4 Notices. mer~. ~d between the Parties. Formal written <br />notices, demands, correspondence and communications between the City and the Property <br />Owner ~halt be deemed given ff sent by first class mail or nationally established overnight <br />courior ~hat guarantees next day delivery and provides a receipt therefor, postage prepaid, to the <br />offices oftbe City and the Properly Owner indicated below, or such other address as either party <br />may from time-to-time designate in writing as provided in this section. <br /> <br />City: <br /> <br />City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br /> <br />with copy to: <br /> <br />City Attorney <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br /> <br />Property Owner: <br /> <br />Greenbriar Homes Communities, Inc. <br />4340 Stevens Creek Boulevard, Suite 240 <br />San Jose, CA 95129 <br />Attention: Patrick Costanzo <br /> <br />with copy to: <br /> <br />Cox, Castle & Nicholson LLP <br />2049 Century Park East, Suite 2800 <br />Los Angeles, CA 90067 <br />Attention: Ronald I. Silverman, Esq. <br /> <br />Notices delivered by deposit in the United States mail as provided above shall be deemed to have <br />been served 48 hours after the date of deposit. Notices delivered by overnight courier shall be <br />deemed to have been served upon delivery to the other party. <br /> <br /> 11.5 SeverabiliW. If any provision(s) of this Development Agreement is (are) held <br />invalid, the remainder of this Development Agreement shall not be affected and shall remain in <br />full force and effect unless amended or modified by mutual consent of the parties. <br /> <br /> 11.6 ~a~[~[/l!~. Article and subsection headings in this Agreement are for <br />convenience only and are not intended to be used in interpreting or construing the terms, <br />eovanants or conditions of this Agreement. <br /> <br /> 11.7 ~. This Agreement including the Recitals and exhibits constitute <br />the entire understanding and agreement of the parties with regard to the subject matter contained <br />l~rein. The exhibits are as follows: <br /> <br />Exhibit A <br />Exhibit B <br /> <br />Legal Description of the Property <br />Property Map <br /> <br />3~/849375v5 - 30 - <br /> <br /> <br />