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J <br /> YMCA may not assign any of the burdens or obligations established hereby without the <br /> prior written consent of City. <br /> D. Notices. All notices which may be or are required to be given pursuant <br /> to this Agreement shall be in writing and delivered to the parties at the following <br /> addresses: <br /> To City: City of Everett <br /> 2930 Wetmore Ave. Ste. 10-C <br /> Everett, WA 98201 <br /> Attention: City Attorney <br /> Fax No.: 425-257-8693 <br /> To YMCA: <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 may be 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 /> E. Execution in Counterparts. This Agreement 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 Agreement. <br /> F. Rights and Remedies Cumulative. Except as otherwise expressly stated <br /> in this Agreement,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 /> 14 <br /> 58 <br />