Common use of Notices, Demands, and Communications Between the Parties Clause in Contracts

Notices, Demands, and Communications Between the Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier), dispatched by certified mail, postage prepaid and return receipt requested, or delivered by nationally recognized overnight courier service, or by electronic facsimile transmission followed by delivery of a “hard” copy to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.2. City: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: City Manager with copies to: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Community Development Director Developer: Millbrae Serra Station, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, Suite 123 Burlingame, CA 94010 Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. and: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Four ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Esq. Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by certified mail, as provided above, shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided above.

Notices, Demands, and Communications Between the Parties. Formal written noticesAny notice, demands, correspondence demand or other communication required to be given by Developer or the City under or pursuant to this Agreement shall be in writing and communications between City and Developer shall be sufficiently given if (a) addressed as set forth below and (b) delivered personally in one of the following ways, and shall be deemed to have been delivered or received (including delivery by private courier), dispatched by i) three (3) days after the date when deposited in the United States registered or certified mail, postage prepaid and return receipt requested, with postage prepaid (except in the event of a postal disruption, by strike or delivered otherwise, in the United States), (ii) when personally delivered, (iii) when sent by facsimile or electronic (email) transmission, provided receipt was promptly confirmed in writing by another means of notice allowed in this Section 11.3 within one (1) business day, or (iv) one business day after the date deposited with a nationally recognized overnight courier serviceservice (e.g., or by electronic Federal Express) for next day delivery. The current principal office addresses, email addresses and facsimile transmission followed by delivery numbers of a “hard” copy to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in are as follows: the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.2. City: City of Millbrae Richmond ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttnAttention: City Manager with copies toTelephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇ _▇▇▇▇▇▇▇@▇▇.▇▇▇▇▇▇▇▇.▇▇.▇▇ LLP AND City Attorney’s Office City of Richmond ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttnAttention: Community Development Director City Attorney Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇_▇▇▇▇▇▇▇▇@▇▇.▇▇▇▇▇▇▇▇.▇▇.▇▇ Developer: Millbrae Serra StationWinehaven Legacy LLC c/o Argent Management LLC ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Irvine, LLC CA 92614 Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: (▇▇▇▇, Suite 123 Burlingame, CA 94010 Attn: ) ▇▇▇-▇▇▇▇ ▇. Facsimile: (▇▇▇) ▇▇, Esq. and▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Four @▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇.▇▇▇ Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇Such written notices, Esq. Notices personally delivered shall demands and communications may be deemed sent in the same manner to have been received upon delivery. Notices delivered such other addresses as the affected Party may from time to time designate by certified mail, notice as provided abovein this Section 11.3. If failure to respond to a specified notice, request, demand or other communication within a specified period would result in a deemed approval, a conclusive presumption, a prohibition against further action or protest, or other adverse result specifically provided under this Agreement, the notice, request, demand or other communication shall be deemed to have been given state clearly and received unambiguously on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressedpage, with postage prepaidreference to the applicable provisions of this Agreement, is deposited that failure to respond in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to a timely manner could have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided abovespecified adverse result.

Notices, Demands, and Communications Between the Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier), dispatched by certified mail, postage prepaid and return receipt requested, or delivered by nationally recognized overnight courier service, or by electronic facsimile transmission followed by delivery of a “hard” copy to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.211.2.3. City: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: City Manager with copies to: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Community Development Director Developer: Republic Millbrae Serra Station, LLC c/o Republic Urban Properties LLC ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 600 San Jose, CA 95113 Attn: ▇▇▇▇▇▇▇ ▇. Van Every with copies to: Berliner and ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., Suite 123 Burlingame, CA 94010 Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. and: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Four ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Esq. ▇ Attn: Jolie Houston Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by certified mail, as provided above, shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided above.

Notices, Demands, and Communications Between the Parties. Formal written noticesAny approval, demandsdisapproval, correspondence demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier), dispatched by certified mail, postage prepaid and return receipt requestedrequested and postage prepaid, personal delivery, or delivered by nationally recognized reputable overnight courier service(but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by electronic facsimile transmission followed by delivery of a “hard” copy to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.2. Notice.‌ To City: City of Millbrae ▇▇▇▇▇▇ City ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Boulevard Foster City, CA 94404 Attention: Community Development Director With a copy to: City of ▇▇▇▇▇▇ City ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Boulevard Foster City, CA 94404 Attention: City Manager and: ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 9th floor Oakland, CA 94612 Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. and: Aaronson, Dickerson, ▇▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite D ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttnAttention: City Manager with copies to▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. To Developer: TNHC-▇▇ ▇▇▇▇▇▇ CITY LLC c/o The New Home Company ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ With a copy to: ▇▇▇, Castle & ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Community Development Director Developer: Millbrae Serra Station, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, Suite 123 Burlingame, CA 94010 Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. and: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Four ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttnAttention: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Esq. Notices personally delivered Any Notice shall be deemed to have been received upon delivery. Notices on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent by certified mail, and on the date of delivery or refused delivery as provided above, shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party’s attorney on behalf of such party shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided abovesuch party.

Notices, Demands, and Communications Between the Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier), dispatched by certified mail, postage prepaid and return receipt requested, or delivered by nationally recognized overnight courier service, or by electronic facsimile transmission followed by delivery of a “hard” copy to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.2. City: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: City Manager with copies to: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and: City of Millbrae ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Community Development Director Developer: Millbrae Serra Station, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, Suite 123 Burlingame, CA 94010 Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. and: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Law Firm Four ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Esq. Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by certified mail, as provided above, shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided above.