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one of the properties owned by the covenantor (i) is for the benefit of the land owned by the covenantees, and (ii) shall benefit or be binding upon each successive owner during his ownership of any portion of the properties affected hereby and each person having any interest herein derived through any owner of the properties affected hereby. This Agreement shall be recorded in the Official Records of Alameda County. 4.2 Assignment. If the HBPOA ceases to exist, its obligations hereunder shall be transferred to a Lighting and Landscape District or to such other entity acceptable to the other Parties to this Agreement. The Parties to this Agreement and their successors in interests, assigns, or heirs shall not protest the formation of the Lighting and Landscape District. 5. General Provisions. 5 .1 Instrument. The terms of this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, and assi ' ns of the respective Parties. Any amendments to this Agreement must be in writing and signed by each party to this Agreement. 5.2 Waiver. A waiver by one party of the performance of any covenant, condition or promise of the other party shall not invalidate this Agreement, nor shall it be considered to be a waiver by such party of any other covenant, condition or promise contained herein. The waiver of either or both parties of the time for performing any act shall not be construed as a waiver of any other act required to be performed at a later date. 5.3 Notices. All notice given pursuant to this Agreement shall be in writing. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given forty -eight (48) hours after the same is addressed as required herein and mailed in the State of California with postage pre -paid. Notices delivered by the United States Express Mail or overnight courier that guarantees next business day delivery shall be deemed given on the next business day after delivery of the same to the United States Postal Service or such courier. If notice is received on a Saturday, Sunday or legal holiday, or on a business day after 5:00 P.M., it shall be deemed received on the next business day. For purposes of notice, the addresses of the Parties are as follows, which may be changed by five (5) days prior written notice: To Valencia: Valencia at Hacienda Owners' Association c/o M &C Association Management Services Attention: Property Manager 4305 Hacienda Drive, Suite 140 Pleasanton, California 94588 6