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<br />2. Second, to the extent that any and all funds <br />which are proceeds from such resale are thereafter available, to <br />reimburse the Developer, or its successor transferee, up to the <br />amount equal to the sum of: (1) the Purchase Price paid by the <br />Developer for the Property (or allocable to the applicable part <br />thereof); and (2) the costs incurred for the development of the <br />Property, or applicable part thereof, or for the construction of <br />the improvements thereon including, but not limited to, costs of <br />carry, taxes and items set forth in the Developer's cost statement <br />which shall be submitted to and approved by the Agency. <br /> <br />3. Any balance remaining after the foregoing <br />application of proceeds shall be retained by the Agency. <br /> <br />ARTICLE VI <br /> <br />GENERAL PROVISIONS <br /> <br />Section 6.01. <br /> <br />Notices, Demands and Communications <br />Between the Parties. <br /> <br />a. Any and all notices, demands or communications <br />submitted by any party to another party pursuant to or as required <br />by this Agreement shall be proper if in writing and dispatched by <br />messenger for immediate personal delivery, or by registered or <br />certified United States mail, postage prepaid, return receipt <br />requested, to the addresses of the Agency and the Developer, as <br />applicable, set forth in Section 6.01. b below. Such written <br />notices, demands and communications may be sent in the same manner <br />to such other addresses as either party may from time to time <br />designate as provided in this Section. Any such notice, demand or <br />communication shall be deemed to be received by the addressee, <br />regardless of whether or when any return receipt is received by the <br />sender or the date set forth on such return receipt, on the day <br />that it is dispatched by messenger for immediate personal delivery, <br />or two (2) calendar days after it is placed in the United States <br />mail as heretofore provided. <br /> <br />b. Notices, <br />shall be sent to: <br /> <br />demands or communications to the parties <br /> <br />To the Developer <br /> <br />First Community Housing <br />2 North Second St., Suite 1260 <br />San Jose, CA 95113 <br />Attn: Executive Director <br /> <br />With a copy to: <br /> <br />Jennifer Bell <br /> <br />43 <br /> <br />REDW\0006\DOC\001-5 <br />1/27/05 7:00 /mve <br />