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12. Notice. Any notice, consent or other communication required or permitted under this <br /> Agreement 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 facsimile, and shall be <br /> deemed to have been given on the earliest of(a) receipt or refusal of receipt; (b) one business day <br /> after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days <br /> after the date deposited in the United States mail, registered or certified, with postage prepaid <br /> and return receipt requested(provided that such return receipt must indicate receipt at the address <br /> specified); or(d) on the day of its transmission by facsimile if transmitted during the business <br /> hours of the place of receipt, otherwise on the next business day, provided that a copy of such <br /> notice, consent or other communication is also delivered pursuant to clause (b) or(c) above. All <br /> references to "business days" herein shall exclude weekends and State or Federal holidays. All <br /> notices shall be addressed as follows (or to such other or further addresses as the parties 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: Nelson Fialho, City Manager <br /> Facsimile No.: (925) 931-5482 <br /> If to the Developer, at: <br /> With a Copy to: <br /> 13. Jurisdiction and Venue. If any legal action is needed to enforce the terms of this <br /> Agreement, this Agreement shall be governed by California law and venue shall be Alameda <br /> County Superior Court. <br /> 14. Recordation Of Agreement. City shall cause this Agreement to be duly recorded in the <br /> official records of Alameda County. <br /> THIS AGREEMENT is executed the date first above written. <br /> 6 <br />