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a waiver by such party of any other covenant, condition or provision, or of the time for <br /> performing any other act required, under this Agreement. <br /> 7.6 Legal Advice. Each party has received independent legal advice from its <br /> attorneys with respect to the advisability of executing this Agreement and the meaning of <br /> the provisions hereof. The provisions of this Agreement shall be construed as to the fair <br /> meaning and not for or against any party based upon any attribution of such party as the sole <br /> source of the language in question. <br /> 7.7 Time of the Essence. Time shall be of the essence as to all dates and times <br /> of performance. <br /> 7.8 Attorneys' Fees. In the event that any party hereto institutes an action or <br /> proceeding(including arbitration) for a declaration of the rights of the parties under this <br /> Agreement, for injunctive relief, for an alleged breach or default of, or any other action <br /> arising out of this Agreement, or the transactions contemplated hereby, or in the event any <br /> party is in default of its obligations under this Agreement, whether or not suit is filed or <br /> prosecuted to final judgment, the nondefaulting party or prevailing party shall be entitled to <br /> its actual attorneys' fees and to any court costs incurred in addition to any other damages or <br /> relief awarded. <br /> 7.9 Notices. Each notice, request, demand, instruction or other document <br /> required,or permitted to be given hereunder("Notice") shall be in writing and shall be <br /> delivered personally(including messenger or courier service with evidence of receipt) or <br /> sent by depositing the same with the United States Postal Service, certified or registered <br /> mail,return receipt requested, with proper postage prepaid, addressed to the parties at the <br /> respective addresses set forth in this Section and marked to any designated individual's <br /> attention. Each Notice shall be effective upon being so deposited, but the time period in <br /> which a response to any such Notice must be given or any action taken with respect thereto <br /> shall commence to run from the date of actual receipt of the Notice by the addressee thereof. <br /> Rejection of the acceptance of a Notice,refusal by the addressee to accept a Notice, or the <br /> inability of any messenger, courier or the United States Postal Service to deliver a Notice <br /> because of a changed address of which no Notice was given shall be deemed to be the <br /> receipt of the Notice sent. Any party shall have the right from time to time to change the <br /> address to which a Notice to it shall be sent to another address in the continental United <br /> States (but not a post office box)by giving Notice to the other parties of the changed <br /> address at least ten (10)days prior to such changes. <br /> Initial addresses of the parties are: <br /> If to County: Surplus Property Authority of Alameda County <br /> 224 West Winton Avenue, Room 110 <br /> Hayward, California 94544 <br /> Attn.: Director of Community Development <br /> 000299.0044\1087426 6 11 <br />