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or unenforceability shall not affect any other provisions of this Development Agreement, but <br />this Development Agreement shall be construed as if such invalid, illegal or unenforceable <br />provisions had not been contained herein. <br />g. Waiver. The failure of either party to insist, in any one or more instances, upon a <br />strict performance of any of the terms and conditions of this Development Agreement, or to <br />exercise or fail to exercise any option or right contained herein, shall not be construed as a <br />waiver or a relinquishment for the future of such right or option, but same shall continue and <br />remain in full force and effect. The continued performance by either party of this <br />Development Agreement with knowledge of the breach of any term or condition hereof shall <br />not be deemed a waiver of such breach, and no waiver by either party of any provision <br />hereof, shall be deemed to have been made, or operate as estoppel, unless expressed in <br />writing and signed by such party. <br />h. Notices. All notices herein authorized or required to be given to the Village shall <br />be sent by certified mail, registered mail or overnight express, postage prepaid to: <br />Mayfield Village, Ohio <br />Attn: Mayor, Bruce G. Rinker <br />6622 Wilson Mills Road <br />Mayfield Village, Ohio 44143 <br />with a copy to: <br />Joseph W. Diemert, Jr. <br />Director of Law <br />Joseph W. Diemert, Jr. & Associates, Co., L.P.A. <br />1360 SOM Center Road <br />Cleveland, Ohio 44124 <br />or such other address as the Village may from time to time designate in accordance with this <br />paragraph. All notices herein authorized or required to be given to East Commons shall be <br />sent by certified mail, registered mail or overnight express, postage prepaid to: <br />East Commons, Ltd. <br />Attn: Sam P. Cannata, Esq. <br />Cannata Phillips LPA, LLC <br />30799 Pinetree Road, #254 <br />Pepper Pike, Ohio 44124 <br />with a copy to: <br />Michael D. Gatto <br />29010 Chardon Road. <br />Willoughby Hills, Ohio 44092 <br />8 <br />