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I <br /> 127 Public Square • <br /> Cleveland, Ohio 44114 <br /> Attention: Asset Manager <br /> Any such notices shall be either (a) sent by certified mail, return receipt requested, in <br /> which case notice shall be deemed delivered three(3)days after deposit,postage prepaid <br /> in the U.S. mail, (b) sent by a nationally recognized overnight courier, in which case <br /> notice shall be deemed delivered when actually delivered pursuant to the records of such <br /> courier,or(c)sent by facsimile transmission to the party and its counsel,receipt of which <br /> has been confirmed by telephone, and by regular mail, in which case notice shall be <br /> deemed delivered on the next business day following confirmed receipt, or (d)hand <br /> delivered, in which case notice shall be deemed delivered when actually delivered. The <br /> above addresses and phone numbers maybe changed by written notice to the other party; <br /> provided, however, that no notice of a change of address shall be effective until actual <br /> receipt of such notice. Copies of notices are for informational purposes only,and a failure <br /> to give or receive copies of any notice shall not be deemed a failure to give notice. <br /> All notices to Owner shall also be delivered to Investor. The City shall accept any cure <br /> by Investor as if made by Owner. <br /> 9.5 Execution in Counterparts. This Covenant may be executed in any <br /> number of counterparts and by different parties hereto in separate counterparts, each of <br /> which when so executed shall be deemed to be an original and all of which taken together <br /> shall constitute one and the same Covenant. <br /> 9.6 Waiver. No waiver by any party of any provision of this Covenant or any <br /> breach thereof shall be of any force or effect unless in writing by the party granting the <br /> wavier; and no such waiver shall be construed to be a continuing waiver. The waiver by <br /> one party of the performance of any covenant, condition, or promise shall not invalidate <br /> this Covenant nor shall it be considered a waiver by such party of any other covenant, <br /> condition, or promise hereunder. The waiver by either or both parties of the time for <br /> performing any act shall not constitute a waiver of the time for performing any other act <br /> or an identical act required to be performed at a later time. <br /> 9.7 Rights and Remedies Cumulative. Except as otherwise expressly stated <br /> in this Covenant,the rights and remedies of the parties are cumulative, and the exercise <br /> or failure to exercise one or more of such rights or remedies by either party shall not <br /> preclude the exercise by it,at the same time or different times, of any right or remedy for <br /> the same default or any other default by the other party. <br /> 11 <br /> 73 <br />