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litigated solely in the state court in the county in which the Real Property is located or if such suit or action cannot be filed and or litigated in state court, then in the federal court located closest to the Real Property. Each party hereby consents to the personal and subject matter jurisdiction of said courts. Owner and Optionee agree that San Mateo County shall for all purposes be considered the place in which this Agreement was entered into, notwithstanding the order in which, or the location or locations at which, it may have been executed or delivered. (d) Notices. All notices or demands which either party is required or desires to give to the other shall be given in writing by certified mail, return receipt requested with the appropriate postage paid, by personal delivery, by facsimile (provided receipt of a facsimile transmission is confirmed telephonically or otherwise) or by private overnight courier service to the address or facsimile number set forth below for the respective party, or such other address or facsimile number as either party may designate by written notice to the other. All such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day. Notwithstanding the foregoing, if Optionee elects to exercises an Extension Option pursuant to Paragraph 2(b), Optionee may elect to give notice of such election to Escrow Holder and Owner by email so long as Optionee makes the required Additional Deposit as and when required by Paragraph 2(b). To Owner: Chemical Way Properties, LLC. c/o Capital Strategies Group, LLC 92 Natoma Street, Suite 303 San Francisco, California 94063 Fax: (415) 901 -4421 Attn: Mr. Bob Corbolotti To Optionee: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Fax: (650) 780 -5963 Attn: City Manager With copies to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Fax: (650) 780 -5963 Attn: City Attorney And to: Heffernan Seubert & French LLP 1075 Curtis Street Menlo Park CA 94025 Fax: (650) 322 -2976 Attn: Daniel K. Seubert (e) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall Option Agreement 20 Chemical 10.07. 2010 v.6 23