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1 <br /> 12.7 Notice <br /> All notices or requests required or permitted under this Agreement must be in writing; <br /> personally delivered or sent by certified mail, return receipt requested, postage prepaid, <br /> or by facsimile transmission (including email) and will be deemed received three <br /> business days after the day it was mailed or on the day it is delivered, emailed, or faxed <br /> (provided the fax machine has issued a printed confirmation of receipt). All notices or <br /> requests must be sent to the Designated Representatives listed in Exhibit F. <br /> 12.8 Waiver of Default <br /> A Party's waiver of the other Party's default will not be deemed to be a waiver of any <br /> subsequent default. Waiver of breach of a provision of this Agreement, including failure <br /> to require full and timely performance of any provision, will not be deemed to be a <br /> waiver of any other subsequent breach and will not be construed to be an amendment <br /> of the terms of this Agreement unless stated to be such in writing, signed by authorized <br /> representatives. <br /> 12.9 Assignment <br /> No Party may assign any interest, obligation, or benefit in this Agreement or transfer any <br /> interest in the same, whether by assignment or novation, without prior written consent by <br /> the other Party. <br /> 12.10 Binding on Successors and Assigns <br /> All of the terms, provisions and conditions of this Agreement are binding upon and inure <br /> to the benefit of the Parties and their respective successors, permitted assigns and legal <br /> representatives. <br /> 12.11 Severability <br /> If any of the terms and conditions of this Agreement is determined to be invalid or <br /> unenforceable by a court of competent jurisdiction, the remaining unaffected terms and <br /> conditions will remain in full force and effect. The Parties will negotiate in good faith to <br /> reform the Agreement to replace any invalid or unenforceable term or condition with a <br /> valid and enforceable term or condition that comes as close as possible to the intention <br /> of the stricken term or condition. <br /> 12.12 Warranty of Right to Enter into Agreement <br /> The Parties each warrant they have the authority to enter into this Agreement and that <br /> the persons signing this Agreement have the authority to bind such person's Party. <br /> 12.13 Publicity/Communications <br /> The Parties may not make any formal press releases, news conferences or similar <br /> public statements concerning this Agreement without prior notification of the other Party. <br /> Everett Station Operations &Maintenance Agreem� December 2015 <br /> Pagel of 13 <br />