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<br />6.3C <br />Page 21 <br /> <br />ATTACHMENT 3 <br /> <br />(d) All notices, requests, demands, amendments, modifications or other <br />communications under this Agreement shall be in writing. Notice shall be <br />sufficient for all such purposes if personally delivered, sent by first class, <br />registered or certified mail, return receipt requested, delivery by courier <br />with receipt of delivery, facsimile transmission with written confirmation of <br />receipt by recipient, or e-mail delivery with verifiable and unmodifiable <br />proof of content and time and date of sending by sender and delivery to <br />recipient. Notice is effective on confirmed receipt by recipient or 3 <br />business days after sending, whichever is sooner. <br /> <br />(4) Modification <br /> <br />This Agreement may be supplemented, amended, or modified only by the mutual <br />agreement of the parties. No supplement, amendment, or modification of this <br />Agreement shall be binding unless it is in writing and signed by the party to be charged. <br /> <br />(5) Survival <br /> <br />All representations, warranties, and covenants contained in this Agreement, or in any <br />instrument, certificate, exhibit, or other writing intended by the parties to be a part of <br />their Agreement shall survive the termination of this Agreement until such time as all <br />amounts in Employer's Prefunding Account have been disbursed. <br /> <br />(6) Waiver <br /> <br />No waiver of a breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and <br />signed by the party waiving the breach, failure, right, or remedy. No waiver of any <br />breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, <br />right, or remedy, whether or not similar, nor shall any waiver constitute a continuing <br />waiver unless the writing so specifies. <br /> <br />(7) Necessary Acts, Further Assurances <br /> <br />The parties shall at their own cost and expense execute and deliver such further <br />documents and instruments and shall take such other actions as may be reasonably <br />required or appropriate to evidence or carry out the intent and purposes of this <br />Agreement. <br /> <br />Rev 12/01/2009 <br /> <br />9 <br />