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Indemnitor shall in no case limit the obligations of the Indemnitor under this Section 7 except to <br /> the extent Indemnitor shall be prejudiced by such failure. Should Indemnitor fail to discharge or <br /> undertake to defend against such claim upon learning of the same, then the Indemnitee may <br /> litigate or settle such liability or submit such liability to arbitration or other alternative dispute <br /> resolution in its reasonable discretion and Indemnitor's liability shall include, but not be limited <br /> to, the amount of such settlement. The indemnification obligations contained in this Section 7 <br /> shall not be limited by any workers' compensation, benefits or disability laws, and City and OM <br /> each hereby waive any immunity that either party may have under any workers' compensation, <br /> benefit or disability laws. <br /> 8. General Provisions <br /> 8.1 Notices <br /> All notices, demands, consents, approvals and other communications (each, a "Notice") <br /> that are required or desired to be given by either party to the other under this Agreement shall be <br /> in writing and shall be (a) hand delivered, (b) sent by U.S. registered or certified mail, postage <br /> prepaid, return receipt requested, or(c) sent by reputable overnight courier service, addressed to <br /> the appropriate party at its address set forth below, or at such other address as such party shall <br /> have last designated by Notice to the other. Notices shall be deemed given when delivered; <br /> provided, however, that if any Notice shall also be sent by telecopy or fax machine, such Notice <br /> shall be deemed given at the time and on the date of machine transmittal if the sending party <br /> receives a written send verification on its machines and forwards a copy thereof with its mailed <br /> or courier delivered Notice. Rejection or other refusal by the addressee to accept a Notice or the <br /> inability to deliver the Notice because of a changed address of which no Notice was given shall <br /> be deemed to be receipt of the Notice sent. Notice addresses for the parties are as follows: <br /> To City: <br /> Attention: <br /> Facsimile: <br /> With a copy to: <br /> Attention: <br /> Facsimile: <br /> To OM: <br /> Attention: <br /> Facsimile: <br /> J-5 <br /> 06107-0063,LEGAL 13023969.1 <br />