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the reasonable control.of Developer. Furthermore, performance by <br />either party will be excused if the failure to perform results from <br />an act or omission of the other party in breach of this Development <br />Agreement. (The foregoing references in the previous two sentences <br />are collectively referred to as a "Cause of Delay"). An extension <br />of time in writing for any such Cause of Delay shall be granted for <br />the period of the delay which results from such Cause of Delay or <br />longer as mutually agreed upon, which period shall commence to run <br />from the time of commencement of such Cause of Delay. <br />19. Notices. <br />Any notice or instrument required to be given or <br />delivered to either party to the Development Agreement may be given <br />or delivered by depositing the same in the United States mail., <br />certified mail, postage prepaid, addressed to: <br />City: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: city Manager <br />Developer: Orient Corporation of America, Inc. <br />c/o Shimizu America Corporation <br />1055 West 7th Street, Suite 1800 <br />Los Angeles, California 90017 <br />Attention: Michael A. Cutri <br />With copy to: Gibson, Dunn & Crutcher <br />333 South Grand Avenue <br />Los Angeles, California 90071 <br />Attention: Russell L. Johnson <br />Notice of a change of address' shall be delivered in the <br />same manner as any other notice provided herein, and shall be <br />effective three days after mailing by the above -described proce- <br />dure. <br />20. Default and Remedies. <br />(a) Notwithstanding any provision of this Development <br />Agreement to the contrary, Developer shall not be deemed to be in <br />default under this Development Agreement, and the City may not <br />terminate Developer's rights under this Development Agreement <br />unless the city Council of the City finds and determines, on the <br />basis of substantial evidence, that Developer has not complied in <br />good faith with one or more of the material terms or conditions of <br />this Development Agreement and the City shall have first delivered <br />a written notice of any alleged default to Developer, which notice <br />shall set forth with specificity the nature of such alleged default <br />and the manner in which said default may be satisfactorily cured. <br />24 <br />