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EXHIBIT D <br /> proceeding of any kind or nature to interpret or determine the terms or conditions of this <br /> Agreement. <br /> 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in <br /> order to become effective, shall be made in writing and in each instance approved by the City <br /> Council, and signed on behalf of each party. Any requested alteration, change or modification of <br /> the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as <br /> applicable, for the City's review of the request. Each alteration, change, or modification to this <br /> Agreement shall be recorded against the Property in the Official Records of Orange County, <br /> California. <br /> 8.3 Notices. <br /> 8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited <br /> to, the communication of notice, request, demand, approval, statement, report, acceptance, <br /> consent,waiver,appointment or other communication required or permitted hereunder. All notices <br /> shall be in writing and shall be considered given either: (i)when delivered in person to the recipient <br /> named below; or(ii)on the date of delivery shown on the return receipt,after deposit in the United <br /> States mail in a sealed envelope as either registered or certified mail with return receipt requested, <br /> and postage and postal charges prepaid, and addressed to the recipient named below; or(iii) two <br /> (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage <br /> prepaid,and addressed to the recipient named below;or(iv)one(1)day after deposit with a known <br /> and reliable next-day docwnent delivery service (such as Federal Express), charges prepaid and <br /> delivery scheduled next-day to the recipient named below,provided that the sending party receives <br /> a confirmation of delivery from the delivery service provider; or (v) the first business day <br /> following the date of transmittal of any facsimile,provided confirmation of successful transmittal <br /> is retained by the sending Party; or(vi) upon transmission thereof(as evidenced by the recipient's <br /> reply to such notice or other competent evidence of actual receipt) if transmitted by electronic <br /> transmission (email), provided that a copy of such notice is concurrently sent by first-class mail <br /> 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: Habitat for Hwnanity of Orange County <br /> 2200 S. Ritchey Street <br /> Santa Ana, CA 92705 <br /> Attn: Executive Director <br /> 20 <br /> 55394.00101\42405923.1 <br />