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8. Any notice,consent or other communication required or permitted under this Agreement <br /> shall be in writing and shall be delivered by hand,sent by air courier,sent by prepaid <br /> registered or certified mail with return receipt requested,or sent by facsim le,and shall be <br /> deemed to have been given on the earliest of(a) receipt or refusal of receipt; (b) one <br /> business day after delivery to an air courier for overnight expedited delivery service; (c) <br /> 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 ;Lich return <br /> receipt must indicate receipt at the address specified); or(d)on the day of is transmission <br /> by facsimile if transmitted during the business hours of the place of receip.,otherwise on <br /> the next business day, provided that a copy of such notice,consent or othe- <br /> communication is also delivered pursuant to clause (b) or (c) above. All references to <br /> "business days" herein shall exclude weekends and State or Federal holidays. All notices <br /> shall be addressed as follows (or to such other or further addresses as the t arties may <br /> designate by notice given in accordance with this 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 /> 9. Notwithstanding anything to the contrary in this Agreement,the restrictions set forth in <br /> this Agreement shall be enforceable solely by the City and not by,or on b:half of,any <br /> tenant of the Project. <br /> 5 <br />