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i . S • <br /> indemnify the Town against any such lawsuit, if Town chooses to <br /> defend itself in such a lawsuit, including attorney fees (of an <br /> attorney of Town's choosing) and costs incurred as a result <br /> thereof. <br /> Section 8 . SEIR Consultant. <br /> Developer acknowledges that the Consultant will be under <br /> contract with the Town to prepare the SEIR, and Developer agrees <br /> that neither the Developer nor any officer, employee or agent of <br /> Developer shall meet or discuss any aspect of the Project or the <br /> SEIR with any officer, employee, agent or subcontractor of <br /> Consultant without a Town representative present. <br /> Section 9 . Governing Law. <br /> The law governing this Agreement shall be that of <br /> California. <br /> Section 10. Waiver. <br /> Waiver by Town of any breach or violation of any term or <br /> condition of this Agreement shall not be deemed to be a waiver of <br /> any other term or condition contained herein or a waiver of any <br /> subsequent breach or violation of the same or any other term or <br /> condition. <br /> Section 11. Notices. <br /> All notices and other communications required or permitted <br /> to be given under this Agreement shall be given in writing by <br /> personal delivery, by facsimile transmission with verification of <br /> receipt or by U.S. mail, postage prepaid and return receipt <br /> requested, addressed to the respective parties as follows: <br /> To Agency: Town of Los Altos Hills <br /> Attn: Linda Niles <br /> 26379 Fremont Road <br /> Los Altos Hills, CA 94022 <br /> Fax # (415) 941-3160 <br /> To Developer: The Eshner Family Unitrust <br /> c/o University National Bank & Trust Company <br /> Attn: Cheryl Howell <br /> P.O. Box 89 <br /> Palo Alto, CA 94302 <br /> Notice shall be deemed communicated on the earlier of actual <br /> receipt or forty-eight (48) hours after deposit in the U.S. mail, <br /> the date of delivery shown on deliverer' s receipt, or by <br /> acknowledgement of facsimile transmission. <br /> Page 3 <br />