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

Notices, Demands and Communications Between the Parties. Any approval, disapproval, 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 shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (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 Notice.‌ To City: City of Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster City, CA 94404 Attention: Community Development Director With a copy to: City of Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster City, CA 94404 Attention: City Manager and: Xxxxx, Xxxxxxxx & Xxxxxxxx, LLP 0000 Xxxxxxxx Xxxxxx, 9th floor Oakland, CA 94612 Attention: Xxxxxx X. Xxxxxx, Esq. and: Aaronson, Dickerson, Xxxx & Xxxxxxx 000 Xxxxxx Xxxxxx, Suite D X.X. Xxx 0000 Xxx Xxxxxx, XX 00000 Attention: Xxxx X. Xxxxxxx, Esq. To Developer: TNHC-XX XXXXXX CITY LLC c/o The New Home Company 0000 Xxxxx Xxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxx Xxxxx, XX 00000 Attention: Xxxxx Xxxx With a copy to: Xxx, Castle & Xxxxxxxxx LLP 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx, Esq. Any Notice shall be deemed received 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 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 delivered by such party.

Appears in 1 contract

Samples: Disposition and Development Agreement

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Notices, Demands and Communications Between the Parties. Any approvalnotice, disapproval, demand, document demand or other notice (“Notice”) which either party may desire communication required to give be given by Developer or the City under or pursuant to the other party under this Agreement must shall be in writing and shall be sufficiently given by if (a) addressed as set forth below and (b) delivered in one of the following ways, and shall be deemed to have been delivered or received (i) three (3) days after the date when deposited in the United States registered or certified mail, return receipt requested and requested, with postage prepaidprepaid (except in the event of a postal disruption, personal deliveryby strike or otherwise, or reputable overnight courier in the United States), (but not ii) when personally delivered, (iii) when sent by facsimile or electronic (email)) transmission, to 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 party to whom the Notice is directed at the address date deposited with a nationally recognized courier service (e.g., Federal Express) for next day delivery. The current principal office addresses, email addresses and facsimile numbers of the party City and Developer are as set forth below, or at any other address as that party may later designate by Notice.‌ To follows: the City: City of Xxxxxx City Richmond 000 Xxxxxx Xxxx Boulevard Foster City, CA 94404 Attention: Community Development Director With a copy to: City of Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster City, CA 94404 Attention: City Manager and: Xxxxx, Xxxxxxxx & Xxxxx Xxxxx Xxxxxxxx, LLP 0000 Xxxxxxxx Xxxxxx, 9th floor Oakland, CA 94612 Attention: Xxxxxx X. Xxxxxx, Esq. and: Aaronson, Dickerson, Xxxx & Xxxxxxx 000 Xxxxxx Xxxxxx, Suite D X.X. Xxx 0000 Xxx Xxxxxx, XX 00000 Attention: Xxxx X. Xxxxxxx, Esq. To DeveloperCity Manager Telephone: TNHC(000) 000-XX XXXXXX CITY LLC c/o The New Home Company 0000 Facsimile: (000) 000-0000 Email: Xxxx_Xxxxxxx@xx.xxxxxxxx.xx.xx AND City Attorney’s Office City of Richmond 000 Xxxxx Xxxxxxxxxx Xxxxxxxxx, Xxxxxx Xxxxx 000 Xxxxxx XxxxxXxxxxxxx, XX 00000 Attention: City Attorney Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Email: Xxxx_Xxxxxxxx@xx.xxxxxxxx.xx.xx Developer: Winehaven Legacy LLC c/o Argent Management LLC 0000 Xxxxx Xxxx With a copy to: XxxXxxxxx Irvine, Castle & Xxxxxxxxx LLP 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 CA 92614 Attention: Xxxxxxx X. XxxxxxxxXxxx Xxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Email: xxxxxxxxx@xxxxxxxxxxxxxxxxxxx.xxx Such written notices, Esqdemands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by notice as provided in this Section 11.3. Any Notice 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 received state clearly and unambiguously on the date first page, with reference to the applicable provisions of delivery if delivered by personal servicethis Agreement, 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 shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by that failure to respond in a party’s attorney on behalf of such party shall be deemed delivered by such partytimely manner could have a specified adverse result.

Appears in 1 contract

Samples: Development Agreement

Notices, Demands and Communications Between the Parties. Any approvalAll notices, disapprovalstatements, demanddemands, document requests, consents, approvals, disapprovals, demands or other notice notices (“Notice”) which either party may desire to give to the other party under this Agreement must shall be in writing and shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified or registered mail, return receipt requested and requested, postage prepaid, personal deliveryand in any such instance addressed (or delivered, or reputable overnight courier (but not by facsimile or email), to as the party to whom the Notice is directed case may be) at the address of the party as set forth below, or at any other address as that party may later designate by Notice.‌ Notice: To City: City of Anaheim 000 Xxxxx Xxxxxxx Xxxxxxxxx, Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster CityXxxxx Xxxxxxx, CA 94404 Xxxxxxxxxx 00000 Attention: Community Development Director With a copy Xxxxx X. Xxxxx, CMC, City Clerk with copies to: City of Xxxxxx City Anaheim Community and Economic Development Department 000 Xxxxxx Xxxx Boulevard Foster CityXxxxx Xxxxxxx Xxxxxxxxx, CA 94404 Attention: City Manager and: XxxxxXxxxx 0000 Xxxxxxx, Xxxxxxxx & Xxxxxxxx, LLP 0000 Xxxxxxxx Xxxxxx, 9th floor Oakland, CA 94612 Attention: Xxxxxx X. Xxxxxx, Esq. and: Aaronson, Dickerson, Xxxx & Xxxxxxx 000 Xxxxxx Xxxxxx, Suite D X.X. Xxx 0000 Xxx Xxxxxx, XX Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxxx, Esq. To Developer: TNHC-Xxxxxxxx XX XXXXXX CITY LLC c/o The New Home Company 0000 Community & Economic Development Director City of Anaheim 000 Xxxxx Xxxxxxxxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxx XxxxxXxxxxxx, XX 00000 Attention: Xxxxx Xxxx With a copy to: Xxx, Castle & Xxxxxxxxx LLP 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxx X. XxxxxxxxXxxxxxx, EsqCity Attorney Xxxxxxxxx Xxxxx Xxxxxxx & Xxxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attention: Xxxxxx X. Xxxxx, Xx. To J Star: J Star Auto Group 0000 X. Xxxxxxx Xxxxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxx Xxxxxxx, President with a copy to: Attention: Any Notice written notice, demand or communication shall be deemed received immediately if delivered by hand (personally or by document delivery service specified above) and shall be deemed received on the third day from the date of delivery it is postmarked if delivered by personal service, on the date of delivery registered or refused delivery as shown by the return receipt if sent by certified mail, and on the date of delivery or refused delivery as 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 delivered by such party.

Appears in 1 contract

Samples: Agreement Re Development and Operating Covenants

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Notices, Demands and Communications Between the Parties. Any approvalAll notices, disapprovaldemands, demandrequests, document elections, approvals, disapprovals, consents or other notice communications given under this Agreement shall be in writing (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and shall be given by personal delivery, certified mail, return receipt requested and postage prepaid, personal deliveryrequested, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party guaranteed delivery service and addressed as set forth belowfollows, or at any other address as that party may later designate by Notice.‌ Notice: To the City: City Manager’s Office City of Santa Xxxxx 0000 Xxxxxxxxx Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster CitySanta Clara, CA 94404 Attention: Community Development Director With a copy to: City of Xxxxxx City 000 Xxxxxx Xxxx Boulevard Foster City, CA 94404 95050 Attention: City Manager andCopy to: Xxxxx, Xxxxxxxx & Xxxxxxxx, LLP City Attorney’s Office City of Santa Xxxxx 0000 Xxxxxxxx Xxxxxx, 9th floor Oakland, CA 94612 Attention: Xxxxxxxxx Xxxxxx X. Xxxxxx, Esq. and: Aaronson, Dickerson, Xxxx & Xxxxxxx 000 Xxxxxx Xxxxxx, Suite D X.X. Xxx 0000 Xxx Xxxxxx, XX 00000 Attention: Xxxx X. Xxxxxxx, Esq. To Developer: TNHC-XX XXXXXX CITY LLC c/o The New Home Company 0000 Xxxxx Xxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxx Xxxxx, XX 00000 Attention: City Attorney Copy to: Carle, Mackie, Power & Xxxx LLP 000 X Xxxxxx, Xxxxx Xxxx With a copy 000 Xxxxx Xxxx, XX 00000 Attention: Xxxxx Xxx XX To Developer: Core Winchester, LLC 000 Xxxxx Xxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxxxx Copy to: Xxx, Castle & Xxxxxxxxx LLP 000 00 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx 0000 Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxx X. Xxxxxxxx, Esq. Xxxx Any Notice shall be deemed received immediately if delivered by hand, shall be deemed received on the third day from the date it is postmarked if delivered by certified mail, and shall be deemed received 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 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 delivered by such party.

Appears in 1 contract

Samples: Disposition and Development Agreement

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