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<br />4.8 Relationship of the Parties. The contractual relationship between City <br />and Owner arising out of the Agreement is one of independent contractor and not agency. This <br />Agreement does not create any third party beneficiary rights. <br /> <br />4.9 Notices. Any notice, tender, demand, delivery, or other communication <br />pursuant to this Agreement shall be in writing and shall be deemed to be properly given if <br />delivered in person or mailed by first class or certified mail, postage prepaid, or sent by <br />telefacsimile or other telegraphic communication in the manner provided in this Section, to the <br />following persons: <br /> <br />If to City, to: <br /> <br />Executive Director, Planning and Building Agency <br />City of Santa Ana <br />20 Civic Center Plaza M-20 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 667-1461 <br /> <br />and, <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza M-29 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6515 <br /> <br />If to Owner, to: <br />One Broadway Plaza, LLC <br />1200 N. Main LLC <br />845 Broadway LLC <br />1200 North Main Street, Suite 900 <br />Santa Ana, California 92701 <br />attn: Michael Ran-ah <br />telefacsimile (714) 543-9972 <br /> <br />A party may change its address by giving notice in writing to the other party. <br />Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and <br />transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or <br />other communication shall be effective or deemed to have been given twenty-four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile machine, <br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal, <br />state, County, or city holidays shall be excluded. <br /> <br />11 B-62 <br /> <br />Œ9~ <br />