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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, 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 /> [Signatures on following page.] <br /> 4 <br /> 158739848.5 <br />