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(b) The Party claiming that a default has occurred shall give written notice of <br />default to the Party claimed to be in default, specifying the alleged default, Delay in giving such <br />notice shall not constitute a waiver of any default nor shall it change the time of default, <br />However, the injured Party shall have no right to exercise any remedy for a default under this <br />Agreement, without first delivering written notice of the default, <br />(c) Any failure or delay by a Party in asserting any of its rights or remedies as <br />to any default shall not operate as a waiver of any default or of any rights or remedies associated <br />with a default. <br />(d) Subject to section 2 (d), if a. default of any Party remains uncured for more <br />than fifteen (15) calendar clays following receipt of written notice of such default, a "breach" of <br />this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a <br />breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall <br />be to terminate this Agreement by serving written notice of termination on the Party in breach. <br />12. Press Releases, Each Party agrees to obtain the approval of the other Party <br />before malting any press releases relating to the real property exchange or negotiation of a <br />property exchange with the other Party prior to publication. <br />13. Notice. All notices required trader this Agreement shall be presented (A) in <br />person, (B) by a reputable same -day or overnight delivery service, or (C) facsimile and <br />confirmed by first class certified or registered United States Mail, with return receipt requested, <br />to the address and /or fax number for the Party set forth in this Section. Notice shall be deemed <br />confirmed by United States Mail effective the third (3rd) business day after deposit with the <br />United States Postal Service. Notice by personal service or reputable same -day or overnight <br />delivery service shall be effective upon delivery. Either Party may change its address for receipt <br />of notices by notifying the other Parties in writing. Delivery of notices to courtesy copy <br />recipients shall not be required for valid notice to a Party. <br />If to City, to: <br />and, <br />City Manager <br />City of Santa Ana <br />20 Civic Center Plaza M -31 <br />P.Q. Box 1988 <br />Santa Ana, California 92701 <br />telefacsimile (714) 647 -6954 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza M -29 <br />P.Q. Box 1988 <br />Santa Ana, California 92701 <br />telefacsimile (714) 647 -6515 <br />402 M-S <br />25J -8 <br />