STAPLES NEIGHBORHOOD PARK FUNDING-IMPROVEMENT

a waiver by such party of any other covenant, condition or provision, or of the time for performing any other act required, under this Agreement. 7.6 Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.7 Time of the Essence. Time shall be of the essence as to all dates and times of performance. 7.8 Attorneys' Fees. In the event that any party hereto institutes an action or proceeding (including arbitration) for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations under this Agreement, whether or not suit is filed or prosecuted to final judgment, the nondefaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred in addition to any other damages or relief awarded. 7.9 Notices. Each notice, request, demand, instruction or other document required, or permitted to be given hereunder ( "Notice ") shall be in writing and shall be delivered personally (including messenger or courier service with evidence of receipt) or sent by depositing the same with the United States Postal Service, certified or registered mail, return receipt requested, with proper postage prepaid, addressed to the parties at the respective addresses set forth in this Section and marked to any designated individual's attention. Each Notice shall be effective upon being so deposited, but the time period in which a response to any such Notice must be given or any action taken with respect thereto shall commence to run from the date of actual receipt of the Notice by the addressee thereof. Rejection of the acceptance of a Notice, refusal by the addressee to accept a Notice, or the inability of any messenger, courier or the United States Postal Service to deliver a Notice because of a changed address of which no Notice was given shall be deemed to be the receipt of the Notice sent. Any party shall have the right from time to time to change the address to which a Notice to it shall be sent to another address in the continental United States (but not a post office box) by giving Notice to the other parties of the changed address at least ten (10) days prior to such changes. Initial addresses of the parties are: If to County: 000299.0044\1087426.6 Surplus Property Authority of Alameda County 224 West Winton Avenue, Room 110 Hayward, California 94544 Attn.: Director of Community Development 11