deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by overnight courier, on the first (1st) Business Day after being delivered to a recognized overnight courier, (c) if by mail, on the third (3rd) Business Day after being deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, or (d) by facsimile transmission shall be deemed to have been given on the next business day after being transmitted, as evidenced by the confirmation slip generated by the sender’s facsimile machine addressed as follows: If to Seller: Coachella Valley Water District
75515 Hovley Lane East Palm Desert, CA 92211 Attn: General Manager Telephone: (760) 398-2651
With a copy to:
Best Best & Krieger LLP 3390 University Avenue, 5 th Floor Riverside, CA 92501 Attn: Jeff Ferre Telephone: (951) 686-1450
If to Purchaser:
Outdoor Resorts/ Palm Springs Owners Association 69411 Ramon Road Cathedral City, CA 92234 Attn: Edwin Vitrano, General Manager Telephone: (760) 328-3834
or to such other address as either party may from time to time specify as its address for the receipt of notices hereunder, in a notice to the other party. Notices given by an attorney shall be deemed to constitute notice from that party. 6.3 Possession . Possession of the Surplus Property shall be delivered to Purchaser at the Closing. 6.4 Assignment . Purchaser may not assign or pledge any of its rights hereunder without the prior written consent of Seller. Subject to the foregoing, this Agreement shall be binding upon the parties hereto and each of their successors and assigns. 6.5 Entire Agreement . This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. 6.6 Severability . If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 6.7 Captions; Number . The captions contained in this Agreement are for the convenience of reference only, and shall not affect the meaning, interpretation or construction of
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