Laserfiche WebLink
<br />4 <br />158739848.5 <br />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, or sent by prepaid <br />registered or certified mail with return receipt requested, and shall be deemed to have <br />been given on the earliest of (1) receipt or refusal of receipt; (b) one business day after <br />delivery to an air courier for overnight expedited delivery service; (c) five (5) business <br />days after the date deposited in the United States mail, registered or certified, with <br />postage prepaid and return receipt requested (provided that such return receipt must <br />indicate receipt at the address specified); or (d) on the day of its transmission by <br />facsimile if transmitted during the business hours of the place of receipt, otherwise on <br />the next business day, provided that a copy of such notice, consent or other <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 <br />notices shall be addressed as follows (or to such other or further addresses as the <br />parties may designate by notice given in accordance with this section): <br />If to the City, at: <br />City of Pleasanton <br />Attention: City Manager <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />If to the Owner, at: <br />Stoneridge Properties, LLC <br />c/o Simon Property Group <br />Attention: Legal Department <br />One Stoneridge Mall <br />Pleasanton, CA 94588 <br />With a Copy to: <br />Perkins Coie, LLP <br />Attention: Cecily Barclay <br />505 Howard Street, Suite 1000 <br />San Francisco, CA 94105 <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 behalf of, any <br />tenant of the Project. <br />10. Counterparts. This Agreement may be executed in counterparts, and when all <br />counterpart documents are executed, the counterparts shall constitute a single binding <br />agreement. <br />11. This Agreement shall be recorded in Alameda County and shall run with the land. <br />THIS AGREEMENT is executed as of the date and year first above written. <br /> <br /> <br />[Signatures on following page.]