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(e) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. ( I ) Within rive (3) days of receipt of a referendum petition by the CITY. OWNER shall deposit Fifty Thousand Dollars ($50.000) ('Referendum Deposit") with the CITY. CITY may use the funds to pay any and all costs associated with the said referendum measure. If at any time the Referendum Deposit account has Five Thousand Dollars ($3000) or less remaining, Developer shall, within three (3) days of receiving notice from the CITY, deposit with the City additional funds as requested by the CITY to cover all costs and expenses associated with processing the referendum and holding the related election. Following certification of the election results, any funds remaining in the Referendum Deposit account shall be returned to the OWNER. (d) Completion of the Project in accordance with the tenns of this Agreement including issuance of all required occupancy pennits, final approval for occupancy by the City, and acceptance by CITY or applicable public agency of all required dedications. (e) Tennination of this Agreement shall not constitute tennination of any other land use entitlements approved for the Property. Upon the tennination of this Agreement, no party shall have any further light or obligation hereunder except with respect to any obligation to have been perfonned prior to such tennination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such tennination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such tennination, any Development Impact Fees paid by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. 2.8 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or pennitted hereunder- (b) All notices shall be in writing and shall be considered given either (i) when delivered in person to the recipient named below; or (it) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered orcertified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City Clerk 20 Civic Center Plaza, 8" Floor PO Box 1999 M-30 Santa Ana, Ca 92702 Copy to: City Manager City Attorney Executive Director of Planning and Building Agency m 5531;4. (N M )02'31553187.13