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� %%011 <br />11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to <br />this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to <br />the other parties in accordance with this Section. All such notices shall be sent by: (i) personal <br />delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return <br />receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is <br />confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges <br />prepaid or charged to the sender's account, in which case notice is effective on delivery if <br />delivery is confirmed by the delivery service. <br />City: City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attention: City Manager <br />With a copy to: Burke, Williams & Sorensen, LLP <br />1901 Harrison Street, 9" floor <br />Oakland, CA 94612 <br />Attention: Susan E. Bloch, Esq. <br />Owner: Kottinger Gardens Phase 2 Associates, L.P. <br />303 Vintage Park Drive, Suite 250 <br />Foster City, CA 94404 <br />Attention: Matthew O. Franklin, President <br />With a copy to: Gubb & Barshay, LLP <br />505 14th Street, Suite 450 <br />Oakland, CA 94612 <br />Attention: Evan Gross <br />And with a copy to: <br />MUFG Union Bank, N.A. <br />200 Pringle Avenue, Suite 355 <br />Walnut Creek, CA 94596 <br />Attention: CDF Head <br />11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the <br />other such other documents and instruments, and take such other actions, as either shall <br />reasonably request as may be necessary to carry out the intent of this Agreement. <br />11.5 Parties Not Co -Venturers: Independent Contractor: No ALvencv Relationship. <br />Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, <br />or principal and agent with one another. The relationship of Owner and City shall not be <br />construed as a joint venture, equity venture, partnership or any other relationship. City neither <br />undertakes nor assumes any responsibility or duty to Owner (except as expressly provided in this <br />Agreement) or to any third party with respect to the Project. Owner and its employees are not <br />21 <br />OAK #4821-6084-0273 v5 <br />