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executed and delivered by both parties. The parties, by their respective <br /> execution hereof, knowingly agree, notwithstanding anything herein to the <br /> contrary, that neither shall have any right to any damages or remedies in law or <br /> in equity for any failure of the parties to successfully negotiate the terms of the <br /> Acquisition and Development Documents. <br /> Section 9. Notices. All notices shall be in writing and shall be (i) transmitted by <br /> certified or registered mail, return receipt requested, postage prepaid, (ii) <br /> transmitted by personal delivery, (iii) transmitted by nationally recognized <br /> overnight courier service or (iv) transmitted by facsimile transmission, promptly <br /> confirmed by answerback and telephone. Except as otherwise specified herein, <br /> all notices and other communications shall be deemed to have been duly given <br /> (a) five (5) days after the date of posting if transmitted by certified or registered <br /> mail, (b) the date of delivery if transmitted by personal delivery, (c) the date of <br /> delivery if delivered by recognized national overnight courier service or (d) the <br /> date of transmission with confirmed answerback and telephonic confirmation if <br /> transmitted by facsimile. Any party shall have the right to designate any other <br /> address or facsimile number for notice purposes by written notice to the other <br /> party in the manner aforesaid. The addresses of the parties and their respective <br /> facsimile numbers are as follows: <br /> City: Larry G. Crawford, Chief Administrative Assistant <br /> CITY OF EVERETT <br /> 2930 Wetmore Avenue, Suite 10-A <br /> Everett, WA 98201 <br /> Fax Number: 425/257-8729 <br /> With a copy to: James D. Iles, Esq., City Attorney <br /> CITY OF EVERETT <br /> 2930 Wetmore Avenue, Suite 10-C <br /> Everett, WA 98201 <br /> Fax Number: 425/257-8693 <br /> And a copy to: James S. Reinhardsen, Managing Director <br /> HEARTLAND, LLC <br /> 524 Second Avenue, Suite 200 <br /> Seattle, WA 98104 <br /> Fax Number: 206/467-1429 <br /> OM: OliverMcMillan, LLC <br /> 733 Eighth Avenue <br /> San Diego, CA 92101 <br /> Attention: Morgan Dene Oliver <br /> Richard Paul Buss <br /> Fax Number: 619/321-1234 <br /> With a copy to: Barry L. Bell, Esq. <br /> 4350 Executive Drive, Suite 255 <br /> San Diego, CA 92121 <br /> Fax Number: 858/546-1795 <br /> 3 <br />