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CITY COUNCIL DRAFT <br />recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in <br />the United States mail in a sealed envelope as either registered or certified mail with return receipt <br />requested, and postage and postal charges prepaid, and addressed to the recipient named below; or <br />(iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and <br />postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with <br />a known and reliable next -day document delivery service (such as Federal Express), charges <br />prepaid and delivery scheduled next -day to the recipient named below, provided that the sending <br />party receives a confirmation of delivery from the delivery service provider; or (v) the first <br />business day following the date of transmittal of any facsimile, provided confirmation of <br />successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as <br />evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if <br />transmitted by electronic transmission (email), provided that a copy of such notice is concurrently <br />sent by first-class mail postage prepaid. All notices shall be addressed as follows: <br />If to City: City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Housing Manager <br />With a copy to: Office of the City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br />If to Developer: Santa Ana 8 Inv, LLC, <br />A Delaware limited liability company <br />3121 Michelson Dr, Suite 150 <br />Irvine, CA 92612 <br />8.3.2 Change of Address. Either Party may, by notice given at any time, require <br />subsequent notices to be given to another person or entity, whether a party or an officer or <br />representative of a party, or to a different address, or both. Notices given before actual receipt of <br />notice of change shall not be invalidated by the change. <br />8.4 Severability. If any term, provision, covenant or condition of this Agreement <br />shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be <br />affected thereby to the extent such remaining provisions are not rendered impractical to perform, <br />taking into consideration the purposes of this Agreement. <br />8.5 Interpretation and Governing, Law. This Agreement and any dispute hereunder <br />shall be governed and interpreted in accordance with the laws of the State of California without <br />regard to conflict of law principles. This Agreement shall be construed as a whole according to <br />its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, <br />and the rule of construction to the effect that ambiguities are to be resolved against the drafting <br />Page 22 <br />5 53 94.0010 1 \43721567.2 <br />