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Notices. Except as otherwise specifically provided herein, any notice required or desired to be given under this Agreement shall be in writing and shall be effective the earlier of: (i) upon receipt, delivered in person or by overnight delivery, or (ii) three (3) days after deposit in United States certified mail, postage prepaid and return receipt requested, addressed to the respective address of the parties set forth below, or to such other address as the receiving party shall designate in writing pursuant to this Section: If to Tenant: Attention: Melissa Ruwhiu c/o Hillcrest Center Conejo Recreation and Park District 403 West Hill -crest Dr. Thousand Oaks, CA 91360 Phone: 805-495-6471 mruwhiu@crpd.org AND Reign of Terror Haunted House, Inc. 2576 Cobblecreek Ct. Thousand Oaks, CA 91362 Phone: (805) 490-6800 brucestanton@roadrunner.com If to Landlord: Thousand Oaks Marketplace, L.P. c/o New Mark Merrill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, California 91367 Attn: Sanford Sigal Phone: 818-710-6100 All Gross Rent or other charges due and payable under this Agreement shall be paid to Landlord's notice address. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses including its attorneys' fees in such action or proceeding in such amount as the court may adjudge reasonable. The prevailing party shall be determined by the court based upon an assessment of which party's major arguments made or positions taken in the proceedings could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues in the court's decision. If the party which shall have commenced or instituted the action, suit or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall be deemed the prevailing party. Counterparts. This Agreement may be executed in counterparts, which taken together shall constitute one instrument, notwithstanding the fact that all signatures are not contained on the same copy. Signatures transmitted by email in portable document format and signatures electronically signed in accordance with the Uniform Electronic Transaction Act (UETA) or the substantive equivalent of the UETA, as adopted in the State of California, and with the United States ESIGN Act shall have the same effect as the delivery of original signatures and shall be binding upon and enforceable against the parties hereto as if such facsimile were an original executed counterpart. -7- Initials Initials