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<br /> 23 <br /> <br /> <br />noticing Party is not so authorized to terminate, the non-noticing Party shall have all rights and <br />remedies provided herein or under applicable laws and regulations, including, without limitation, <br />the right to specific performance of the defaulting Party’s obligations under this Agreement. Once <br />a Party alleging default has given a written notice of termination, legal proceedings may be <br />instituted to obtain a declaratory judgment determining the respective termination rights and <br />obligations under this Agreement. Notwithstanding the foregoing, any such default and related <br />termination shall only extend to the defaulting Party’s rights and obligations hereunder and shall <br />not affect the rights and obligations of any other Transferee who has acquired other portion(s) of <br />the Project Site in accordance with Section 7.8 above. <br /> <br />c. Termination by Mutual Consent. This Agreement may be terminated by mutual <br />consent of the Parties in the manner provided in the Development Agreement Statute and in <br />City’s Development Agreement Procedures. <br /> <br />d. Termination for Ultimate Individual Lots. This Agreement shall automatically <br />terminate with respect to any for sale individual residential lot and such lot shall be released and <br />shall no longer be subject to this Agreement, without the execution or recordation of any further <br />document, upon the issuance of a certificate of occupancy for the building(s) on each said lot. <br /> <br />e. Documentation of Termination. While the Parties intend the foregoing termination to <br />be automatic and self-executing upon the relevant trigger(s), City agrees to promptly execute <br />and deliver such documents and instruments in recordable form as Developer may reasonably <br />request in order to evidence the termination of this Development Agreement. Thereafter, <br />Developer may cause a notice of such termination to be duly recorded in the official records of <br />Alameda County. <br />Section 7.11 Notices. Any notice or communication required hereunder <br />between City and Developer must be in writing, and may be given either personally, by email, <br />by registered or certified mail (return receipt requested), or by FedEx or other similar courier <br />promising overnight delivery to the respective addresses specified by each Party. Any Party <br />hereto may at any time, by giving ten (10) days written notice to the other Party hereto, <br />designate any other address in substitution of the address to which such notice or <br />communication shall be given. Such notices or communications shall be given to the Parties at <br />their addresses set forth below: <br />If to City, to: City of Pleasanton <br />123 Main Street <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br />Telephone: (925) 931-5002 <br />E-mail: <br />With Copies to: City of Pleasanton <br />123 Main Street <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: Dan Sodergren, City Attorney <br />Telephone: (925) 931-5015 <br />Email: dsodergren@cityofpleasanton.gov <br />If to Developer, to: 330 Land Company, LLC <br />Page 180 of 344