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Section 17. Counterparts. This Agreement may be executed in any number of <br />counterparts and each of the counterparts shall be considered an original and all counterparts <br />shall constitute but one and the same instrument. <br />Section 18. Notices. Any notice, consent or other communication required or <br />permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air <br />courier, sent by prepaid registered or certified mail with return receipt requested, or sent by <br />facsimile, and shall be deemed to have been given on the earliest of (a) receipt or refusal of <br />receipt; (b) one business day after delivery to an air courier for overnight expedited delivery <br />service; (c) five (5) business days after the date deposited in the United States mail, registered or <br />certified, with postage prepaid and return receipt requested (provided that such return receipt <br />must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile <br />if transmitted during the business hours of the place of receipt, otherwise on the next business <br />day, provided that a copy of such notice, consent or other communication is also delivered <br />pursuant to clause (b) or (c) above. All references to "business days" herein shall exclude <br />weekends and State or Federal holidays. All notices shall be addressed as fcllows (or to such <br />other or further addresses as the parties may designate by notice given in accordance with this <br />section): <br />If to the City, at: <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, California 94566 <br />Attention: <br />Facsimile No.: (925) 931 -5482 <br />If to the Developer, at: <br />Hacienda Pleasanton, L.P. <br />c/o St. Anton Partners, LLC <br />1801 I Street, Suite 200 <br />Sacramento, California 95811 <br />Attention: Steven L. Eggert <br />Facsimile No.: (916) 444 -9843 <br />With a Copy to: <br />Cox, Castle & Nicholson LLP <br />555 California Street, 10th Floor <br />San Francisco, California 94104 <br />Attention: Stephen C. Ryan, Esq. <br />Facsimile No.: (415) 262 -5199 <br />[SIGNATURES APPEAR ON FOLLOWING PAGE] <br />