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attorneys' and accountants' fees incurred therein by such party or parties (including! without <br />limitation such costs, expenses andjees on any appeals), and if such prevailing party) "shall recover <br />judgment in any such action or proceeding, such costs, expenses and fees shall b htaluded as <br />part of such judgment. <br />31. Notices <br />A. Any notice, demand or other communication required or permitted P belgiven to <br />either party to this Agreement shall be in writing and shall be <br />delivered by hand or delivered by prepaid courier -or sent.by electron c In fans. such <br />as facsimile, telex or electronic mail. <br />i <br />B. Any, notice- personally delivered or delivered by courier shall be dei med(received <br />t <br />upon delivery. <br />C. Any notice sent by electtoriic means shall be deemed received upt i thq date the <br />I <br />sending terminal confirms that the notice was received. <br />D. The address to which communications shall be sent to the Plan Soons r is ;identified <br />I <br />in Section Iof the Plan Application. Either party maychange its ad ess by giving <br />I <br />i <br />written notice to the other party as provided in this subsection. <br />I <br />32. Assignment <br />This Agreement may be assigned, delegated, or transferred without th prier written <br />I <br />consent of either party unless apartymakesareasonable claim that theperformancofobligations <br />under the Agreement will not be honored. The assigning party will provide a rotic of assignment <br />including information identifying die assignee within thirty (30) days of. thessiOnnent. A <br />reasonable claim that the performance of obligations under the Agreement willIscribod <br />ot be honored <br />must be received .within fourteen (14) days of the date of the assignment notice in this <br />i <br />paragraph. Notwithstanding. such consent shall not be necessary in the context o lan acquisition <br />by asset sale, merger, change of control or operation of law. This Agreement shaI be binding on <br />26 <br />25E-52 <br />