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Geoff Etnire, Esq. <br /> 60 S. Market St., Suite 1400 <br /> San Jose, CA 95113 <br /> Any Party may change the address stated herein by giving notice in writing to the other <br /> Party,and thereafter notices shall be addressed and transmitted to the new address. <br /> Any notice given to the Developer as required by this Agreement shall also be given to <br /> l all other signatory parties hereto and any lender which executes this Agreement and requests that <br /> -�- such notice be provided. Any signatory party or lender requesting receipt of such notice shall <br /> furnish in writing its address to the parties to this Agreement. <br />` 10.2.Form and Effect of <br /> Notice. Every notice(other than the giving or withholding of <br /> consent, approval or satisfaction under this Agreement,but including requests therefore given to <br /> J a party shall comply with the following requirements. Each such notice shall state: (i) the Section <br /> of this Agreement pursuant to which the notice is given; (ii)the period of time within which the <br /> recipient of the notice must respond or if no response is required, a statement to that effect; and <br /> (iii) if applicable, that the failure to respond to the notice within the stated time period shall be <br /> deemed to be the equivalent of the recipient's approvalof or consent to the subject matter of the <br /> notice. Each request for consent or approval shall contain reasonably sufficient data or <br /> documentation to enable the recipient to make an informed p decision. In no event shall notice be <br /> deemed given nor shall a Party's approval of, consent to or satisfaction with the subject matter of <br /> a notice be deemed given by such Party's failure to object or respond thereto if such notice did <br /> not fully comply with the requirements of this Section 10.2. No waiver of this Section 10.2. shall <br /> be inferred or implied from any act (including conditional approvals, if any) of a party, unless <br /> such waiver is in writing, specifying the nature and extent of the waiver. <br /> SECTION 11. OTHER SIGNATORY PARTIES. <br /> 11.1. Other Sigqatoty Parties. The other initial signatory Parties hereto each hold an <br /> interest in the Property as follows: <br /> NONE <br /> j' Each signatory Party hereto is to be fully bound by the terms and conditions of <br /> this Agreement, and wherever the term ""Developer"" is used herein, it shall also mean and refer <br /> to each of the signatory Parties hereto, subject to the provisions of Section 1.3 hereof. No holder <br /> of a mortgage or deed of trust recorded against the Property or any portion,thereof at the time of <br /> execution of this Agreement and not a signatory Party to this Agreement shall be entitled to the <br /> benefits of this Agreement(other than to receipt of notice and the ability to cure defaults on <br /> behalf of the Developer as provided in Section 5.2. hereof)unless such holder shall execute in <br /> form reasonably satisfactory to the County an agreement and consent subordinating the priority <br /> of its lien(without changing the priority of its lien for any other purpose) to the terms and <br /> conditions of this Agreement or shall otherwise comply with the provisions of Section 1.6. of <br /> this Agreement. <br /> r <br /> W02-SF:FPD1614$1145.2 -53- <br /> � I <br /> i <br />