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4.8 Relationship of the Parties. The contractual relationship between City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice,tender,demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid,or sent by telefacsimile or other telegraphic communication in the manner provided in this Section,to the following persons: If to City, to: Executive Director,Planning and Building Agency City of Santa Ana 20 Civic Center Plaza M-20 P.O. Box 1988 Santa Ana,California 92702 telefacsimile(714)667-1461 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O.Box 1989 Santa Ana,California 92702 telefacsimile(714)647-6515 If to Owner, to: One Broadway Plaza,LLC 1200 N. Main LLC 845 Broadway LLC 1200 North Main Street, Suite 900 Santa Ana,California 92701 attn: Michael Harrah telefacsimile(714)543-9972 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender,demand,delivery,or other communication shall be addressed and transmitted to the new address. If sent by mail,any notice,tender,demand,delivery,or other communication shall be effective or deemed to have been given three(3)days after it has been deposited in the United States mail,duly registered or certified,with postage prepaid,and addressed as set forth above. If sent by telefamimile,any notice,tender,demand,delivery,or other communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends,federal, state,County,or city holidays shall be excluded. 6