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<br />Depending on the method of transmittal, notice shall be deemed received as follows: by <br />facsimile or other electronic transmission, as of the date and time sent, based on <br />electronic confirmation of receipt; or by messenger, as of the date delivered; or by U.S. <br />Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. <br />Mail. <br /> <br />Section 10 Construction of Aqreement. It being agreed that the Parties or their <br /> <br /> <br />agents have participated in the preparation of this Agreement, the language of this <br /> <br /> <br />Agreement shall be construed according to its fair meaning, and not strictly for or <br /> <br /> <br />against any Party. Any term referencing time, days, or period for performance shall be <br /> <br /> <br />deemed calendar days and not work days. <br /> <br /> <br />Section 11: Modifications. No supplement, modification, or amendment of this <br /> <br /> <br />Agreement shall be binding unless executed in writing and signed by the Parties. <br /> <br /> <br />Section 12: Waiver. No waiver of any default shall constitute a waiver of any <br /> <br /> <br />other default or breach, whether of the same or other covenant or condition. No waiver, <br /> <br /> <br />benefit, privilege, or service voluntarily given or performed by a Party shall give the <br /> <br /> <br />other Party any contractual right by custom, estoppel, or otherwise. <br /> <br /> <br />Section 13: Successors and Assiqns. Each and all of the covenants and <br /> <br /> <br />conditions shall be binding on and shall inure to the benefit of the Parties, and their <br /> <br /> <br />successors, heirs, personal representatives, or assigns. This Section shall not be <br /> <br /> <br />construed as an authorization for any Party to assign any right or obligation under this <br /> <br /> <br />Agreement. <br /> <br />6 <br /> <br />