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ARTICLE 10. NOTICES <br />10.1 Any notice or other communication required, or which may be given, pursuant to this <br />Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date <br />of delivery in person; (ii) five (5) days after deposit in first class registered mail, with <br />return receipt requested; (iii) on the actual delivery date if deposited with an overnight <br />courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent <br />contemporaneously by first class, certified, registered or express mail; in each case <br />properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a party may provide notice in accordance with this section: <br />CITY: <br />City Clerk <br />City of Redlands <br />35 Cajon Street <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />jdonadlson(cityofredlands.org <br />(909) 798-7531 <br />UNIVERSITY OF REDLANDS: <br />Donna Eddleman <br />Vice President of Student Affairs <br />1200 E Colton Avenue <br />Redlands, CA 92374 <br />donna eddleman@redlands.edu <br />(909)748-8917 <br />Fax 909-335-5162 <br />Copy to: <br />University of Redlands <br />General Counsel at the same address <br />ARTICLE 11. MISCELLANEOUS <br />11.1 University shall not encumber, assign, or otherwise transfer this Agreement, any right or <br />interest in this Agreement, or any right or interest in the Premises or any improvements <br />that may now or hereafter be constructed or installed on the Premises. Any encumbrance, <br />assignment, transfer or subletting by University without the prior written consent of City, <br />whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at <br />the option of the City, result in immediate temlination of this Agreement. <br />11.2 This Agreement constitutes the entire agreement between City and University respecting <br />University use of the Premises, and correctly sets forth the obligations of City and <br />University to each other as of its Effective date. Any agreements or representations <br />between the Parties respecting the Premises not expressly set forth in this Agreement are <br />null and void. <br />11.3 In the event any action is commenced to enforce or interpret the terms or conditions of <br />this Agreement, the prevailing Party shall, in addition to any costs and other relief be <br />entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house <br />counsel by a Patty. <br />11.4 This Agreement may be terminated by either Party by giving ninety (90) days prior <br />written notice to the other Party. <br />4 <br />I:\cmo\Agreements\University of Redlands Facility Use Agreement (Community Center & Library) FY23-0071.docx-ms <br />