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by their attorneys with respect to their rights and obligations under this Agreement and <br />understand those rights and obligations. The Parties also acknowledge that, prior to the <br />execution of this Agreement, they and their legal counsel have had an adequate opportunity to <br />make whatever investigation or inquiries were deemed necessary or desirable with respect to the <br />subject matter of this Agreement. Therefore, no party shall be deemed to be the scrivener of this <br />Agreement, and thc language of this Agreement shall not be construed either in favor of or <br />against any Party. <br /> <br /> The Parties acknowledge that the consideration recited herein is the sole and only <br />consideration for this Agreement and that they have voluntarily entered into this Agreement and <br />that no representations, promises or inducements have been made other than those, which appear <br />in this Agreement. <br /> <br /> The Parties understand and agree that, if the facts to which this Agreement is <br />executed are found hereinafter to be other than, or different from, the facts now believed by them <br />to be true, the Parties expressly accept and agree that this Agreement shall be and remain <br />effective notwithstanding such differences. <br /> <br /> 10. Notices. Except as specifically provided to the contrary elsewhere in this <br />Agreement, any notice or communication required hereunder between any Parties must be in <br />writing, and shall be delivered personally, by telefacsimile (with original forwarded by U.S. <br />Mail) or by Federal Express or other similar courier promising overnight delivery. If personally <br />delivered, a notice shall be deemed to have been given and received when delivered to the Party <br />to whom it is addressed. If given by facsimile transmission, a notice or a communication shall <br />be deemed to have been given and received upon an actual physical receipt of the entire <br />document by the receiving Party's facsimile machine. Notices transmitted after 5:00 p.m. on a <br />normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given or <br />received on the next business day. If notice is given by Federal Express or similar courier, a <br />notice of communication shall be deemed to have been given and received on the date delivered <br />as shown on the receipt issued by the courier, provided that any notice delivered on Saturday, <br />Sunday or holiday shall be deemed to have been given or received on the next business day. <br />Such notices or communication shall be given to the Parties at their addresses set forth below: <br /> <br />If to the County, to: <br /> <br />Adolph Martinelli, Director <br />Alameda County Community Development Agency <br />224 W. Winton Avenue, Room 110 <br />Hayward, California 94544 <br />Facsimile: (510) 670-6374 <br /> <br />Copy to: <br /> <br />Richard E. Winnie, Alameda County Counsel <br />Administration Building <br />1221 Oak Street, Room 463 <br />Oakland, California 94612 <br />Facsimile: (510) 272-5020 <br /> <br />18 <br /> Final Altamont Settlement Agreement <br /> <br /> <br />