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Exhibit "D" <br />by facsimile transmission, a notice or communication shall be deemed to have <br />been given and received upon actual physical receipt of the entire document by <br />the receiving party's facsimile machine. Notices transmitted by facsimile after <br />5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be <br />deemed to have been given and received on the next normal business day. If <br />given by registered or certified mail, such notice or communication shall be <br />deemed to have been given and received on the first to occur of (i) actual receipt <br />by any of the addressees designated below as the party to whom notices are to be <br />sent, or (ii) five (5) days after a registered or certified letter containing such <br />notice, properly addressed, with postage prepaid, is deposited in the <br />United States mail. If given by Federal Express or similar courier, a notice or <br />communication shall be deemed to have been given and received on the date <br />delivered as shown on a receipt issued by the courier. Any party hereto may at <br />any time, by giving ten (10) days written notice to the other party hereto, <br />designate any other address in substitution of the address to which such notice or <br />communication shall be given. Such notices or communications shall be given to <br />the parties at their addresses set forth below: <br />If to City, to: City Manager <br />123 Main Street <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Phone: (925) 931-5002 <br />Fax: (925) 931-5482 <br />With Copies to: Planning Director <br />200 Old Bernal Avenue <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Phone: (925) 931-5600 <br />Fax: (925)931-5483 <br />If to Developer, to: Martin Inderbitzen <br />P.O. Box 1537 <br />Pleasanton, CA 94566 <br />Phone: (925) 485-1060 <br />Fax: (925) 485-1061 <br />and <br />James Tong <br />Charter Properties <br />4690 Chabot Drive, Suite 100 <br />Pleasanton, CA 94588 <br />54393\84008v3 <br />