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(b) Any decision by Customer to close or change the use of the facilities at the Property shall not constitute a Force Majeure excusing Customer's performance under this Agreement. SECTION 24 - Contract Documents (a) Upon execution of this Agreement by both Parties, this Agreement will become the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, prior agreements and all other communication, oral or written, between the Parties relating to the subject matter of this Agreement. (b) Headings are for the convenience of reference only and are not to be construed as a part of the Agreement. (c) In addition to any other legal effect intended by the signature of Customer on this Agreement, such signature also constitutes representation by Customer that the individual signing on behalf of Customer is authorized to bind Customer as provided under this Agreement. SECTION 25 - Notices All notices and other communication under this Agreement (other than regular monthly payments) shall be deemed properly given upon receipt if delivered in person or sent by registered mail, return receipt requested and postage prepaid, addressed as follows: To NORESCO: Northeast Energy Services, Inc. Point West Place 111 Speen Street, Suite 500 Framingham, MA 01701 Attention: Senior Vice President To CUSTOMER: CITY OF REDWOOD CITY Public Works Superintendent 1400 Broadway Redwood City, CA 94063 Attention: Mr. Gordon Mann Either Party may change such address from time to time by written notice to the other Party. IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set their hand on the date first written above with the intent to be legally bound. (, é41r~ Ed Everett NORESCO ¿J!:e~ Senior Vice President CITY OF REDWOOD CITY City Manager Date: /2 -z 9- 9 9 Date: 11-/.3-77 c:\my documents\my _files\word\agreements\noresco1.doc 8