Common use of N otices Clause in Contracts

N otices. Any and all notices, requests demand and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course ation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & Builders, Inc. 00000 Xxxxx Xxxxxx City: Attn: Phone: Email: Xxxxxxxxxx, XX 00000 Xxxxx Xxxxx (000) 000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the above.

N otices. Any and all notices, requests demand and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course ation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & Builders, Inc. 00000 Xxxxx Xxxxxx City: Attn: KEC Engineering 000 X. Xxxxxxx Ave. Corona, CA 92882 Xxxx Xxx Phone: Email: Xxxxxxxxxx, XX 00000 Xxxxx Xxxxx (000) -000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the above.

N otices. Any and all notices, requests demand and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course ation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & BuildersPalp, Inc. 00000 dba Excel Paving Company 0000 Xxxxx Xxxxxx City: Attn: Phone: Email: XxxxxxxxxxXxxx Xxxxx, XX 00000 Xxxxx Xxxxx Xxxxxx Xxxxxxxxx (000) 000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx xxxxxxxxxx@xxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the above.

N otices. Any and all All notices, requests demand requests, consents and other communications contemplated, called for, permitted, required or required permitted to be given hereunder under this Agreement shall be in writing, except through the course ation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person deliveryonly in accordance with the provisions of this Paragraph 16(G), if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate parties in the manner set forth below, and shall be conclusively deemed to have been properly delivered, (i) upon receipt when hand delivered (or refused) during normal business hours, (ii) upon the third (3rd) business day after delivery if the notice has been deposited in an authorized recepta- cle of the United States Postal Service as first-class, registered or certified mail, postage prepaid, with a return receipt requested (provided that the sender has in its possession the return receipt to prove actual delivery), or (iii) one (1) business day after the notice has been deposited with either FedEx or United Parcel Service to be delivered by overnight delivery (provided that the sending party at receives a confirmation of actual delivery from the address stated herein courier). In the case of CDT: Xxxxx Xxxxxxxx Management, LLC 000 Xxxxxxx Xxxxxx Xx. Xxx Xxxxxxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxxxx, President Telephone: 000-000-0000 Email:x.xxxxxxxxx@xxxxxxxxxxxxx.xxx With copy to: Troon Golf, LLC 00000 X. Xxxxxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxx Xxxxxx, EVP & General Counsel Telephone: 000-000-0000 Email: xxxxxxx@xxxxx.xxx In the case of Owner: City of Rome, Georgia 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx 00000 Attention: Xxxxx Xxxx Telephone: 000-000-0000 Facsimile: 706-234-3574 With a copy to: J. Xxxxxxxx Xxxxx, Rome City Attorney X.X. Xxx 0000 000 Xxxx Xxxxx Xxxxxx Xxxx, Xxxxxxx 00000 Telephone: 000-000-0000 or to such other address as the parties hereto either party may designate by written notice from time to time in complying with the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & Builders, Inc. 00000 Xxxxx Xxxxxx City: Attn: Phone: Email: Xxxxxxxxxx, XX 00000 Xxxxx Xxxxx (000) 000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach terms of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the abovethis Paragraph.

N otices. Any and all notices, requests demand and All notices or other communications contemplated, called for, permitted, or required to be given hereunder shall be in writingwriting and shall be deemed given if delivered personally, except through sent by internationally recognized overnight courier (providing proof of delivery), mailed by prepaid registered or certified mail, airmail if the course ation during party is outside the terms U.S. (return receipt requested) or sent by facsimile transmission (providing confirmation of the work transmission) or by electronic mail (providing confirmation of receipt) addressed as follows: (a) If to Buyer, to: Higher Education Partners LLC 000 Xxxxxxxx Xxxxxx 0xx xxxxx Xxx Xxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxx With a copy to: Mintz, Levin, Cohn, Ferris, Glovsky and servicesPopeo, P.C. Xxx Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 Facsimile No.: (000) 000-0000 Email Address: d xxxxx@xxxxx.xxx Attn: Xxxx Xxxxx, Esq. Any written communications And Monitor Clipper Partners 2 Canal Park Xxxxxxxxx, XX 00000 Facsimile No.: (000) 000-0000 Email Address: m xxxxxxx@xxxxxxxxxxxxxx.xxx Attn: Xxx Xxxxxxx (b) If to Seller, to: The Princeton Review, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Facsimile No.: (000) 000-0000 Email Address: xxxxxxx@xxxxxx.xxx Attn: General Counsel or such other address as shall be furnished in writing by any party, and any such notice or communication shall be deemed to have been duly given upon actual in-person deliveryas of the date so mailed or otherwise sent as provided above; provided that any notice received by facsimile transmission, if delivery is by direct hand, electronic mail or upon delivery otherwise at the addressee’s location on any Business Day after 5:00 p.m. (addressee’s local time) shall be deemed to have been received at 9:00 a.m. (addressee’s local time) on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & Builders, Inc. 00000 Xxxxx Xxxxxx City: Attn: Phone: Email: Xxxxxxxxxx, XX 00000 Xxxxx Xxxxx (000) 000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the abovenext Business Day.

N otices. Any and all notices, requests demand and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course ation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CONTRACTOR: Name: Address: New Creation Engineering & BuildersHYM Engineering, Inc. 00000 Xxxxx Xxxxxx 0000 Xxxx Xxxxxxxxxxxx Xxx. City: Attn: Phone: Email: XxxxxxxxxxXxxxxxxxx, XX 00000 Xxxxx Xxxxx Xxxxxxx Xxxx (000) 000-0000 xx@xxxxxxxxxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxx.xxx For COUNTY: Name: Address: City: Attn: Phone: E-mail OC Public Works/OC Construction 0000 X. Xxxxx Xxxxxx, Xxxxxxxx #0 Xxxxx Xxx, XX 00000 Xxxxxx Xxxx, P.E., JOC Manager (000) 000-0000 Xxxxxx.Xxxx@xxxx.xxxxx.xxx 41. B reach of Contract The failure of CONTRACTOR to comply with any of the provisions, covenants or conditions of AGREEMENT shall be a material breach of AGREEMENT. In such event, COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in AGREEMENT: A. Afford CONTRACTOR written notice of the breach and three (3) calendar days or such shorter time that may be specified in AGREEMENT within which to cure the breach; B. Discontinue payment to CONTRACTOR for and during the period in which CONTRACTOR is in breach; and C. Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to the above.