Common use of Notices and Requests Clause in Contracts

Notices and Requests. Any report, notice, request, demand or other communication to or upon the Parties hereto under this Agreement shall (i) be in the English language and in writing; (ii) be deemed to have been duly delivered to a party if it is (1) left at the address of that party specified below or at such other address as that party may notify to the other party from time to time, (2) sent by courier to that party at that address, or (3) sent by facsimile to the facsimile number of that party specified below or to such other number as that party may notify the other party from time to time; (iii) signed on behalf of the party giving, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case of a letter or delivery by courier, when left at the address referred to above; or (b) in the case of a facsimile transmission, when receipt is confirmed by return facsimile or by telephone or on actual receipt if not so confirmed. For the purposes of this Agreement, all reports, notices, requests, demands or other communications shall be given or made by being addressed as follows: If to the Seller: Solitair Corp. c/o Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Attention: President Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.), Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: General Manager, Aerospace, Marine and Motor Vehicles If to WFB or Owner Trustee: Xxxxx Fargo Bank Northwest, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 Attention: Corporate Trust Department Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President with a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with this Section 12(a) shall be effective as to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLC

Notices and Requests. Any report, notice, request, demand notice or other communication required or permitted to or upon the Parties hereto be given under this Agreement shall (i) be in the English language writing and in writing; (ii) shall be deemed to have been duly given if (i) delivered to a the party if it is (1) left at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of that party specified below Fountain Hills 00000 Xxxx Xxxxxx of the Fountains Xxxxxxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxxx X. Xxxxxx, Town Manager With copy to: XXXX XXXXXXXXX P.L.C. Xxx Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000-0000 Attn: Xxxxxx X. XxXxxxx If to Job Order Red Hawk Solutions, LLC Contractor: 0000 Xxxx Xxxxxxxxxx Xxxx Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxxxxx or at such other address address, and to the attention of such other person or officer, as that any party may notify designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (i) when delivered to the other party from time to timeparty, (2ii) sent by courier to that party at that addressthree business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) sent by facsimile to the facsimile number of that party specified below or to such other number as that party may notify the other party from time to time; (iii) signed the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on behalf the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Peoria Contract] See following pages. 2636940.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Plans and Technical Specifications] See following pages. 2636940.1 SECTION 100 MAG SECTION 101 ABBREVIATIONS AND DEFINITIONS 101.2 DEFINITIONS AND TERMS: is revised to read: Construction Manager: The person appointed by the Town of Fountain Hills (Town), acting directly or through his duly authorized representative, to oversee the progress of the party givingWork. This may consist of a Town employee, serving Designer of Record or making by other person or firm appointed by the same by Town. Contact Xxxxxx Xxxxx at 480-816-5133 with the Town of Fountain Hills. MAG SECTION 104 SCOPE OF WORK Section 104 is revised to add: This project includes furnishing all labor, tools, materials, equipment and any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) incidentals necessary to construct traffic signal improvements as specified in the case of a letter or delivery by courier, when left project plans at the address referred to above; or (b) Fountain Hills Boulevard and Palisades Boulevard. The project is located in the case Town of a facsimile transmissionFountain Hills in Sections 10 and 15 in T3N, when receipt is confirmed by return facsimile or by telephone or on actual receipt if not so confirmed. For the purposes of this Agreement, all reports, notices, requests, demands or other communications shall be given or made by being addressed as follows: If to the Seller: Solitair Corp. c/o Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Attention: President Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.), Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: General Manager, Aerospace, Marine and Motor Vehicles If to WFB or Owner Trustee: Xxxxx Fargo Bank Northwest, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 Attention: Corporate Trust Department Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President with a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with this Section 12(a) shall be effective as to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCR6E.

Notices and Requests. Any report, notice, request, demand notice or other communication required or permitted to or upon the Parties hereto be given under this Agreement shall (i) be in the English language writing and in writing; (ii) shall be deemed to have been duly given if (i) delivered to a the party if it is (1) left at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of that party specified below Fountain Hills 00000 Xxxx Xxxxxx of the Fountains Xxxxxxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxxx X. Xxxxxx, Town Manager With copy to: XXXX XXXXXXXXX P.L.C. Xxx Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000-0000 Attn: Xxxxxx X. XxXxxxx If to Job Order Red Hawk Solutions, LLC Contractor: 0000 Xxxx Xxxxxxxxxx Xxxx Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxxxxx or at such other address address, and to the attention of such other person or officer, as that any party may notify designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (i) when delivered to the other party from time to timeparty, (2ii) sent by courier to that party at that addressthree business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) sent by facsimile to the facsimile number of that party specified below or to such other number as that party may notify the other party from time to time; (iii) signed the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on behalf the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Peoria Contract] See following pages. 2636940.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RED HAWK SOLUTIONS, LLC [Plans and Technical Specifications] See following pages. 2636940.1 SECTION 100 MAG SECTION 101 ABBREVIATIONS AND DEFINITIONS 101.2 DEFINITIONS AND TERMS: is revised to read: Construction Manager: The person appointed by the Town of Fountain Hills (Town), acting directly or through his duly authorized representative, to oversee the progress of the party giving, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case Work. This may consist of a letter or delivery by courierTown employee, when left at the address referred to above; or (b) in the case Designer of a facsimile transmission, when receipt is confirmed by return facsimile Record or by telephone other person or on actual receipt if not so confirmedfirm appointed by the Town. For the purposes of this Agreement, all reports, notices, requests, demands or other communications shall be given or made by being addressed as follows: If to the Seller: Solitair Corp. c/o Wexford Capital LLC 000 Xxxx Contact Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Attention: President Telephone: Xxxxx at 000-000-0000 Facsimilewith the Town of Fountain Hills. MAG SECTION 104 SCOPE OF WORK Section 104 is revised to add: 000-000-0000 If This project includes furnishing all labor, tools, materials, equipment and any other incidentals necessary to Beneficiary: 12 Mitsui & Co. (U.S.A.)construct traffic signal improvements as specified in the project plans at Fountain Hills Boulevard and Palisades Boulevard. The project is located in the Town of Fountain Hills in Sections 10 and 15 in T3N, Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: General Manager, Aerospace, Marine and Motor Vehicles If to WFB or Owner Trustee: Xxxxx Fargo Bank Northwest, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 Attention: Corporate Trust Department Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President with a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with this Section 12(a) shall be effective as to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCR6E.

Notices and Requests. Any reportnotices, consents, or other communications between Landlord and Tenant may be oral or in writing, so long as the Landlord remains Xxxxxx Xxxx Capital, L.L.C. or an Affiliate thereof and the Tenant remains Reading or Citadel or a Subsidiary of Reading or Citadel; provided, however, that, if this Lease specifically provides that a notice, requestconsent or communication must be in writing, demand then such provision controls. Subject to the preceding sentence, all notices, offers, acceptances, approvals, waivers, requests, demands and other communications hereunder or under any other instrument, certificate or other communication to or upon document delivered in connection with the Parties hereto under this Agreement transactions described herein shall (i) be in the English language writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in writing; (ii) be deemed to have been duly delivered to a party if it is (1) left at the address of that party specified below or at such other address as that party may notify to the other party from time to timeperson, (2b) if sent by express courier to that party at that addressservice (including, without limitation, Federal Express, Xxxxx, DHL, Airborne Express, and other similar express delivery services), (c) in the event overnight delivery services are not readily available, if mailed by United States Postal Service, postage prepaid, registered or certified with return receipt requested, or (3d) if sent by facsimile to the facsimile number of telecopy and confirmed; provided, that party specified below or to such other number as that party may notify the other party from time to time; (iii) signed on behalf of the party giving, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case of a letter or delivery notice by couriertelecopy, when left at the address referred to above; or sender shall in addition confirm such notice by writing sent in the manner specified in clause (a), (b) in or (c) of this Section 25. All notices shall be effective upon receipt by the case of a facsimile transmissionaddressee; provided, when receipt however, that if any notice is confirmed tendered to an addressee and the delivery thereof is refused by return facsimile or by telephone or on actual receipt if not so confirmedsuch addressee, such notice shall be effective upon such tender. For the purposes of this Agreementnotice, all reports, notices, requests, demands or other communications the addresses of the parties shall be given or made as set forth below; provided, however, that any party shall have the right to change its address for notice hereunder to any other location by being addressed giving written notice to the other party in the manner set forth herein. The initial addresses of the parties hereto are as follows: If to the SellerTenant: Solitair Corp. c/o Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Attention: President Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.)Citadel Cinemas, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxx 0000 Xxx XxxxXxxxxxx, XX 00000 TelAttn: President Telecopy: (000) 000-0000 FaxWith a copy of all notices under this Section 25 to be simultaneously given, delivered or served to Xxxxxxx X. Xxxxxxxx, Esq. at the following address: Duane, Morris & Heckscher LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Telecopy: (000) 000-0000 Attn: General Manager, Aerospace, Marine and Motor Vehicles If to WFB or Owner TrusteeLandlord: Xxxxxx Xxxx Capital, L.L.C. 000 Xxxxx Fargo Bank NorthwestXxxxxxxxx Xxxxxxxxx Los Angeles, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 CA 90048 Attention: Corporate Trust Legal Department Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 TelTelecopy: (000) 000-0000 FaxWith a copy of all notices under this Section 25 to be simultaneously given, delivered or served to Xxxxxx X. Xxxxxx, Esq. at the following address: Xxxxxxx Breed Xxxxxx & Xxxxxx LLP 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopy: (000) 000-0000 Attn: President with With a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with of all notices under this Section 12(a) shall be effective 25 to any Pledgee at such address as such Pledgee may specify by written notice to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCthe Landlord and the Tenant.

Notices and Requests. Any reportnotices, consents, or other communications between Landlord and Tenant may be oral or in writing, so long as the Landlord remains Sutton Hill Capital, L.L.C. or an Affiliate thereof and the Tenant rxxxxxx Xxxxing or Citadel or a Subsidiary of Reading or Citadel; provided, however, that, if this Lease specifically provides that a notice, requestconsent or communication must be in writing, demand then such provision controls. Subject to the preceding sentence, all notices, offers, acceptances, approvals, waivers, requests, demands and other communications hereunder or under any other instrument, certificate or other communication to or upon document delivered in connection with the Parties hereto under this Agreement transactions described herein shall (i) be in the English language writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in writing; (ii) be deemed to have been duly delivered to a party if it is (1) left at the address of that party specified below or at such other address as that party may notify to the other party from time to timeperson, (2b) if sent by express courier to that party at that addressservice (including, without limitation, Federal Express, Emery, DHL, Airborne Express, and other similar express delivery serxxxxx), (c) in the event overnight delivery services are not readily available, if mailed by United States Postal Service, postage prepaid, registered or certified with return receipt requested, or (3d) if sent by facsimile to the facsimile number of telecopy and confirmed; provided, that party specified below or to such other number as that party may notify the other party from time to time; (iii) signed on behalf of the party giving, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case of a letter or delivery notice by couriertelecopy, when left at the address referred to above; or sender shall in addition confirm such notice by writing sent in the manner specified in clause (a), (b) in or (c) of this Section 25. All notices shall be effective upon receipt by the case of a facsimile transmissionaddressee; provided, when receipt however, that if any notice is confirmed tendered to an addressee and the delivery thereof is refused by return facsimile or by telephone or on actual receipt if not so confirmedsuch addressee, such notice shall be effective upon such tender. For the purposes of this Agreementnotice, all reports, notices, requests, demands or other communications the addresses of the parties shall be given or made as set 77 forth below; provided, however, that any party shall have the right to change its address for notice hereunder to any other location by being addressed giving written notice to the other party in the manner set forth herein. The initial addresses of the parties hereto are as follows: If to the SellerTenant: Solitair Corp. c/o Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Attention: President Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.)Citadel Cinemas, Inc. 000 Xxxx Xxxxxx 550 South Hope Street Suite 1825 Xxx XxxxXxxxxxx, XX 00000 TelXxxx: Xxxxxxxxx Telecopy: (213) 235-2229 With a copy of all notices under this Section 25 to xx xxxxxxxxxxxsly given, delivered or served to S. Craig Tompkins at the following address: Rxxxxxx Xxxxxxxtional, Inc. 550 South Hope Street, Suite 1825 Los Angelxx, XX 00000 Xxxxxxxxxx (000) 000-0000 FaxIf to Landlord: Sutton Hill Capital, L.L.C. 120 North Roberxxxx Xoulevard Los Angeles, XX 00000 Xxxxxxxxx: Legal Department Telecopy: (000310) 000652-0000 Attn6490 With a copy of all notices under this Section 25 to xx xxxxxxxxxxxsly given, delivered or served to Ira Levin at the following address: General ManagerPacifix Xxxxxxxs 120 North Robertson Boulevard Los Angeles, Aerospace, Marine and Motor Vehicles If to WFB or Owner Trustee: Xxxxx Fargo Bank Northwest, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx XX 00000 Attention: Corporate Trust Department Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 TelXxxxxxxxxx: (000310) 000652-0000 Fax: (000) 000-0000 Attn: President with 6490 With a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with of all notices under this Section 12(a) shall be effective 25 to xxx Xxxxxxx xx such address as such Pledgee may specify by written notice to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCthe Landlord and the Tenant.

Notices and Requests. Any reportAll notices, noticeoffers, requestacceptances, demand approvals, waivers, requests, demands and other communications hereunder or under any other instrument, certificate or other communication to or upon document delivered in connection with the Parties hereto under this Agreement transactions described herein shall (i) be in the English language writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in writing; (ii) be deemed to have been duly delivered to a party if it is (1) left at the address of that party specified below or at such other address as that party may notify to the other party from time to timeperson, (2b) if sent by express courier to that party at that addressservice (including, without limitation, Federal Express, Xxxxx, DHL, Airborne Express, and other similar express delivery services), (c) in the event overnight delivery services are not readily available, if mailed through the United States Postal Service, postage prepaid, registered or certified with return receipt requested, or (3d) if sent by facsimile to the facsimile number of that party specified below or to such other number as that party may notify the other party from time to timetelecopy and confirmed; (iii) signed on behalf of the party givingprovided that, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case of a letter or delivery notice by couriertelecopy, when left at the address referred to above; or sender shall in addition confirm such notice by writing sent in the manner specified in clause (a), (b) in or (c) of this Section 22. All notices shall be effective upon receipt by the case of a facsimile transmissionaddressee; provided, when receipt however, that, if any notice is confirmed tendered to an addressee and the delivery thereof is refused by return facsimile or by telephone or on actual receipt if not so confirmedsuch addressee, such notice shall be effective upon such tender. For the purposes of this Agreementnotice, all reports, notices, requests, demands or other communications the addresses of the parties shall be given or made as set forth below; provided, however, that any party shall have the right to change its address for notice hereunder to any other location by being addressed giving written notice to the other party in the manner set forth herein. The initial addresses of the parties hereto are as follows: If to the SellerLessor: Solitair Corp. LMB Funding, Limited Partnership c/o Wexford Capital LLC 000 Xxxx ML Leasing Equipment Corp. Controller's Xxxxxx 00 Xxxxxx GreenwichXxxxxx, Connecticut 06830 7th Floor Jersey City, New Jersey 07302 Attention: President Xxxx Xxxxx Meertens Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.), Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 FaxFacsimile: (000) 000-0000 AttnWith a copy to: General Manager, Aerospace, Marine and Motor Vehicles If to WFB or Owner Trustee: Xxxxx Fargo Bank Northwest, National Association ML Leasing Equipment Corp. 00 Xxxxx Xxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxxx7th Floor Jersey City, Xxxx 00000 New Jersey 07302 Attention: Corporate Trust Department Telephone: 000-000-0000 Xxxxxxx Xxxx Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 FaxIf to the Lessee: Lower Mount Bethel Energy, LLC c/o PPL Global, LLC 00000 Xxxxxx Xxxxx Xxxx, Xxxxx 000 Xxxxxxx, XX 00000 Attention: Chief Counsel Telephone: (000) 000-0000 Attn: President with a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 TelFacsimile: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with With a copy of all notices under this Section 12(a) shall be effective 22 to Assignee at such address as such Assignee may specify by written notice to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCthe Lessor and the Lessee.

Notices and Requests. Any reportAll notices, noticeoffers, requestacceptances, demand approvals, waivers, requests, demands and other communications hereunder or under any other instrument, certificate or other communication to or upon document delivered in connection with the Parties hereto under this Agreement transactions described herein shall (i) be in the English language writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in writing; (ii) be deemed to have been duly delivered to a party if it is (1) left at the address of that party specified below or at such other address as that party may notify to the other party from time to timeperson, (2b) if sent by express courier to that party at that addressservice (including, without limitation, Federal Express, Xxxxx, DHL, Airborne Express, and other similar express delivery services), (c) in the event overnight delivery services are not readily available, if mailed through the United States Postal Service, postage prepaid, registered or certified with return receipt requested, or (3d) if sent by facsimile to the facsimile number of that party specified below or to such other number as that party may notify the other party from time to timetelecopy and confirmed; (iii) signed on behalf of the party givingPROVIDED that, serving or making the same by any attorney, director, officer, secretary, partner, agent or other duly authorized representative of such party; and (iv) be effective (a) in the case of a letter or delivery notice by couriertelecopy, when left at the address referred to above; or sender shall in addition confirm such notice by writing sent in the manner specified in clause (a), (b) in or (c) of this Section 22. All notices shall be effective upon receipt by the case of a facsimile transmissionaddressee; PROVIDED, when receipt HOWEVER, that, if any notice is confirmed tendered to an addressee and the delivery thereof is refused by return facsimile or by telephone or on actual receipt if not so confirmedsuch addressee, such notice shall be effective upon such tender. For the purposes of this Agreementnotice, all reports, notices, requests, demands or other communications the addresses of the parties shall be given or made as set forth below; PROVIDED, HOWEVER, that any party shall have the right to THIS LEASE AGREEMENT IS CONFIDENTIAL AND PROPRIETARY change its address for notice hereunder to any other location by being addressed giving written notice to the other party in the manner set forth herein. The initial addresses of the parties hereto are as follows: If to the SellerLessor: Solitair Corp. Hawkeye Funding, Limited Partnership c/o Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx GreenwichML Leasing Equipment Corp. Strategic Asset Lease and Finance Group Four World Financial Center New York, Connecticut 06830 New York 10080 Attention: President Xxxx X. Xxxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Beneficiary: 12 Mitsui & Co. (U.S.A.), Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 FaxTelecopy: (000) 000-0000 AttnWith a copy of all notices under this Section 22 to be simultaneously given, delivered or served to Xxxxxx Xxxxxxx at the following address: General ManagerML Leasing Equipment Corp. Controller's Office Two World Financial Xxxxxx 00xx Xxxxx Xxx Xxxx, Aerospace, Marine and Motor Vehicles Xxx Xxxx 00000 If to WFB or Owner Trusteethe Lessee: Newington Energy, L.L.C. c/o Consolidated Edison Development, Inc. 000 Xxxxxxxx 00xx Xxxxx Fargo Bank Northwest, National Association 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Corporate Trust Department President Telephone: 000-000-0000 Facsimile: 000-000-0000 If to Lessee: Chautauqua Airlines, Inc. 0000 X. Xxxx Xxxxxx Xxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 FaxTelecopy: (000) 000-0000 Attn: President with With a copy to: Wexford Capital LLC 000 Xxxx Xxxxxx Xxxxxx Greenwich, Connecticut 06830 Tel: (000) 000-0000 Fax: (000) 000-0000 Attn: President PROVIDED, that any report, notice, request, demand or other communication delivered to Lessee in accordance with of all notices under this Section 12(a) shall be effective 22 to Assignee at such address as Assignee may specify by written notice to Lessee without regard to whether such report, notice, request, demand or other communication has been delivered to Wexford Capital LLCthe Lessor and the Lessee. THIS LEASE AGREEMENT IS CONFIDENTIAL AND PROPRIETARY