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Fax No.: 425-257-8693 <br /> To YMCA: ATTN: Scott Washburn <br /> President/CEO <br /> 2720 Rockefeller Avenue <br /> Everett, Washington 98201 <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 /> 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 /> G. Fair Construction; Severability. All pronouns and any variations thereof <br /> shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br /> context may require. The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Agreement was negotiated and drafted at arms' length so <br /> that the judicial rule of construction to the effect that any ambiguities are to be construed <br /> against the drafting party shall be inapplicable in the interpretation of this Agreement. <br /> The provisions of this Agreement shall be construed as a whole according to their <br /> common meaning and consistent with the other provisions contained herein in order to <br /> achieve the objectives and purposes of this Agreement. If any term,provision,covenant, <br /> 14 <br />