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6. 1. D. - Page 31 Section 4.04 Amendments This Declaration may only be amended in writing by an instrument signed by the authorized representative of the City or it successor in interest and the then record owner or owners of the Property. Section 4.05 Severability If any provision of this Declaration shall be held invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any Constitution or Statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisions in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Declaration shall not affect the remaining portions of this Declaration or any part hereof. Section 4.06 Headings The section headings are not part of this Declaration and will not affect the interpretation of any provisions hereof. Section 4.07 Time of the Essence In each provision of this Declaration which states a specific amount of time within which the requirements thereof are to be satisfied or are to persist, time shall be deemed to be of the essence. Section 4.08 Notices Any notice required to be given hereunder shall be given by personal delivery or by registered or certified mail at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto: To Declarant: Nicholson Lamb Venture, LP 1162 El Camino Real Menlo Park, CA 94025 Attention: Randy Lamb REDW\0001 \DOC \022 -4.DOC 6/3/09 1200 HvT M