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A party may change its address by giving notice in writing to the other party. Thereafter, <br />any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to <br />the new address. If sent by mail, any notice, tender, demand, delivery, or other communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the <br />United States mail, duly registered or certified, with postage prepaid, and addressed as set forth <br />above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall <br />be effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine, addressed as set forth above. For <br />purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />13. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages <br />to Agency in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />c. No delay or omission by either party hereto to exercise any right or power accruing <br />upon any noncompliance or default by the other party with respect to any of the terms of this <br />Agreement shall impair any such right or power or be construed to be a waiver thereof. A <br />waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be <br />performed by the other shall not be construed to be a waiver of any succeeding breach thereof <br />or of any other covenant, condition or agreement herein contained. <br />9 <br />