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<br />203215669.16 14 <br />ARTICLE IX <br />THIRD PARTY BENEFICIARIES <br />9.1 Third-Party Beneficiaries Under This Continuation Agreement. Except as <br />provided in Sections 7.13, 8.1, 8.2 and 8.3, this Continuation Agreement does not and is not <br />intended to confer any rights or remedies upon any person or entity other than the signatories to <br />this Continuation Agreement. <br /> <br />ARTICLE X <br />MISCELLANEOUS <br />10.1 Governing Law. This Continuation Agreement shall be governed exclusively by <br />the internal laws of the United States and of the State of California applicable to contracts made, <br />accepted and performed wholly within said State, without regard to application of principles of <br />conflict of laws. Any claim, suit or action arising under or relating to this Continuation <br />Agreement must be brought only in courts located in San Francisco, California. The Parties <br />hereby agree that such courts shall have exclusive personal and subject matter jurisdiction over <br />any such claim, suit or action. <br />10.2 Survival. All provisions of this Continuation Agreement that by their terms <br />survive the expiration or any termination of this Continuation Agreement, together with all other <br />provisions of this Continuation Agreement that may be reasonably construed as surviving the <br />expiration or any termination of this Continuation Agreement, shall survive the expiration or any <br />termination of this Continuation Agreement. <br />10.3 Notices. Except as otherwise provided herein, all notices, requests, demands and <br />other communications which are required or may be given under this Continuation Agreement <br />shall be provided in the manner set forth in this section. Notice to a Party shall be delivered to <br />the attention of the person listed below, or to such other person or persons as may hereafter be <br />designated by that Party in writing. Notice shall be in writing sent by e-mail, facsimile, or <br />regular first class mail. In the case of e-mail and facsimile communications, valid notice shall be <br />deemed to have been delivered upon sending, provided the sender obtained an electronic <br />confirmation of delivery. E-mail and facsimile communications shall be deemed to have been <br />received on the date of such transmission, provided such date was a business day and delivered <br />prior to 4:00 p.m. PST. Otherwise, receipt of e-mail and facsimile communications shall be <br />deemed to have occurred on the following business day. In the case of regular mail notice, <br />notice shall be deemed to have been delivered on the mailing date and received five business <br />days after the date of mailing. <br />If to MTC: <br />Metropolitan Transportation Commission <br />Joseph P. Bort MetroCenter, <br />Oakland, CA 94607-470 <br />Attention: Executive Director <br />Email: SHeminger@mtc.ca.gov